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What are the consequences of failing to disclose the best mode?

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

Failing to disclose the best mode can have significant consequences, although these have been modified by recent legislative changes. According to MPEP 2165: Prior to the America Invents Act (AIA), failure to disclose the best mode could result in a patent being held invalid or unenforceable. Post-AIA, while the best mode requirement still exists, failure…

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Is an inventor’s citizenship required in patent applications?

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

The requirement for an inventor’s citizenship in patent applications has changed: For applications filed on or after September 16, 2012: Citizenship is no longer required by 35 U.S.C. 115 or 37 CFR 1.63. For nonprovisional applications filed before September 16, 2012: Citizenship was required under pre-AIA 35 U.S.C. 115. As stated in the MPEP: “For…

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