The Expedited Patent Appeal Pilot (EPAP)
Jul 14, 2015
The USPTO is providing a temporary basis (the Expedited Patent Appeal Pilot) under which an appellant may have an ex parte appeal to the Patent Trial and Appeal Board (Board) accorded special status i...
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USPTO Delegates Green Technology to JPO under PCT
Jul 02, 2015
A Patent Cooperation Treaty (PCT) application has the effect of a national application for a patent in any of the designated PCT States. For consistency in examination across Offices leading to more c...
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HR9 MIGHT DAMAGE THE INNOVATION ECOSYSTEM
Jun 18, 2015
HR 9 legislation would weaken our patent system and harm the inventors it was designed to protect. Introduction [0001] A patent owner - whether a non-practicing entity (NPE), troll or competing practi...
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INDUCED INFRINGEMENT
Jun 04, 2015
A patent owner or licensee can recover damages when exclusionary intellectual property rights are violated. A patent can be infringed directly and indirectly, because it is unlawful to make, use, sell...
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SAFE HARBOR FROM DOUBLE PATENTING
Jun 02, 2015
A safe harbor from double patenting rejections against a patentee. 35 USC Section 121 35 USC section 121 provides a safe harbor from double patenting rejections against a patentee on claims that were...
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INTERFERENCE ESTOPPEL
Jun 02, 2015
There are two main types of interference estoppel. INTERFERENCE If a party loses on an issue, it may not re-litigate the issue before the examiner or in a subsequent Board of Patent Appeals and Interf...
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DOCTRINE OF INHERENCY
Jun 02, 2015
Disclosure of a prior art reference, whether express, implicit or inherent, may be relied upon to reject claims for lacking novelty under 35 USC section 102 or PCT Article 33(2) or for being obvious o...
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INHERENCY AND OBVIOUSNESS
May 30, 2015
Disclosures of a prior art reference, express, implicit or inherent, may be relied upon in the rejection of claims under 35 USC section 103 or PCT Article 33(3). However, it is simple and easier to th...
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INHERENCY AND ANTICIPATION
May 30, 2015
Disclosure of a prior art reference, whether express, implicit or inherent, may be relied upon to reject claims for lacking novelty under 35 USC section 102 or PCT Article 33(2). Introduction Disclosu...
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Inequitable Conduct Haunts Patentsi
Apr 13, 2015
Inequitable conduct is an equitable defense to patent infringementii. Intent and materiality must be separately established The standard The standard for the materiality required to establish inequita...
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