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Unformatted text preview: Table of Contents Patents Generally: a. U.S. Const., Article 1 8 : Authorizes Congress to award exclusive rights for limited time to authors and inventors for writings and discoveries. Federalizes Patent System I I. Types of Patents: a. Utility patents: Product and Process: b. Method of use patent: I.e., Second medical indication patent. c. Means Plus Function Type of Claim: Process for accomplishing an end, without specifying type of equipment used, instead describes type of device used. I I I. Prosecution : 1. Patent Application Contains: a. Specification; Summary; Drawings; Claims; Oath claiming the person actually invented the application; Should protect against fraudulent claims; Filing fees. b. Priority date: Establishes date novelty of invention is preserved while filing other applications. 2. Provisional application: Lets small inventor file an application with everything except claims. a. Establishes a priority date, can later complete with the claims. 3. Application assigned to filing unit and one of ~3400 patent examiners. a. 12 months before it is picked up you may file additional papers. b. Usual route is to reject claims for lack of novelty and then in response, lawyers job is to traverse the objections and respond to them effectively. i. Unity in invention: Must be claiming one invention. 1. Division of application: If multiple inventions claimed, examiner can require division. ii. Amendments liberally allowed; at some point, examiner issues final rejection. iii. Can then file a continuation: Resets the examination procedure. 1. A simple continuation preserves the original filing and priority date. If new material added, may have to split up the application. a. Different claims may have different priority dates if some are based on original application and some based on a continuation in part. iv. Prior to 2001, patent applications were not published. 1. Not uncommon to delay filing of patent, up to 20 years. Called submarine patents. v. Patent application will be published, unless withdrawn or certified that only applying in U.S. vi. May request a re-issue patent: May want narrower claims, to withstand challenge. 4. Re-examination: a. Anyone can request re-examination if they produce prior art which would invalidate patent. b. Challenger may not appear at a proceeding. c. May submit written statements to re-examination board. d. Once you lose an issue in substantive re-examination, you cannot raise the issue on appeal or in subsequent litigation. Works as a form of res judicata. e. NGO may not have a concrete interest to have standing to challenge or lack funds. 5. Opposition Procedure: European patent office, 9 months to file opposition....
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This note was uploaded on 04/05/2010 for the course LAW LAW6571 taught by Professor Abbott during the Spring '10 term at Florida State College.
- Spring '10