What risks does an applicant take when relying on evidence of accessibility other than a deposit?
When an applicant relies on evidence of accessibility other than a deposit to show that a biological material is known and readily available, they take on certain risks. According to MPEP 2404.01: “Those applicants that rely on evidence of accessibility other than a deposit take the risk that the patent may no longer be enforceable…
Read MoreWhat is the effect of a foreign patent’s term on its use as prior art under pre-AIA 35 U.S.C. 102(d)?
The term or expiration of a foreign patent can impact its use as prior art under pre-AIA 35 U.S.C. 102(d). According to MPEP 2126: “In re Monks, 588 F.2d 308, 200 USPQ 129 (CCPA 1978) interpreted the language ‘patented in a foreign country’ in pre-AIA 35 U.S.C. 102(d) to mean a patent which is enforceable.”…
Read MoreWhat happens if the 30-year term of deposit expires before the end of the patent’s enforceable life?
If the 30-year term of deposit would expire within the enforceable life of the patent, additional measures must be taken. The MPEP states: In the event that the 30-year term of deposit measured from the date of deposit would necessarily terminate within the period of enforceability of the patent (the patent term (see MPEP §…
Read MoreHow does a reissue patent affect the enforceability of the original patent?
How does a reissue patent affect the enforceability of the original patent? A reissue patent affects the enforceability of the original patent in the following ways: The original patent becomes unenforceable once the reissue patent is granted. The reissue patent is enforceable from its issue date. Claims from the original patent that are not included…
Read MoreWhat is the significance of the ‘common ownership’ requirement in terminal disclaimers?
The ‘common ownership’ requirement in terminal disclaimers is crucial for preventing improper timewise extension of patent rights. Key points include: It ensures that the disclaimed patent and the reference patent remain under common ownership for the entire term of the disclaimed patent. This prevents separate entities from enforcing the patents independently, which could effectively extend…
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