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How does the AIA affect the best mode requirement in patent applications?

By russ.krajec@blueironip.com | September 29, 2024

How does the AIA affect the best mode requirement in patent applications? The America Invents Act (AIA) made significant changes to patent law, including the treatment of the best mode requirement. While the requirement to disclose the best mode was retained, the AIA limited its enforceability. According to MPEP 2165.01: “The AIA amended 35 U.S.C.…

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What defenses can be considered in patent arbitration proceedings?

By russ.krajec@blueironip.com | September 9, 2024

In patent arbitration proceedings, the defenses provided under 35 U.S.C. 282 must be considered by the arbitrator if raised by any party. This is specified in 35 U.S.C. 294(b): ‘In any such arbitration proceeding, the defenses provided for under section 282 shall be considered by the arbitrator if raised by any party to the proceeding.’…

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