What is the legal basis for considering expert skepticism in patent cases?
The legal basis for considering expert skepticism in patent cases stems from case law and is codified in the Manual of Patent Examining Procedure (MPEP). The MPEP cites several key cases: Environmental Designs, Ltd. v. Union Oil Co. of Cal., 713 F.2d 693, 698, 218 USPQ 865, 869 (Fed. Cir. 1983) (citing United States v.…
Read MoreWhat is the significance of Ex parte Milton in relation to copied patent claims?
Ex parte Milton, 63 USPQ 132 (P.O. Super Exam. 1938) is a significant case cited in MPEP 710.04(a) regarding copied patent claims. Its importance lies in establishing the principle for determining the controlling date of the statutory period when claims are copied from a patent into an application with an existing unanswered rejection. The MPEP…
Read More