How does customer awareness affect experimental use in patent law?
Customer awareness is a critical factor in determining whether a use qualifies as experimental. The MPEP highlights this by stating that The significant determinative factors in questions of experimental purpose are the extent of supervision and control maintained by an inventor over an invention during an alleged period of experimentation, and the customer’s awareness of…
Read MoreWhat is the current status of inter partes reexamination requests?
As of September 16, 2012, no new requests for inter partes reexamination can be filed. The Manual of Patent Examining Procedure (MPEP) Section 2614 states: “No requests for inter partes reexamination may be filed on or after September 16, 2012.” This change was part of the America Invents Act (AIA) which replaced inter partes reexamination…
Read MoreWhat is the relationship between criticality and obviousness in patent law?
Criticality plays a crucial role in rebutting obviousness rejections, particularly in cases involving ranges or amounts. According to MPEP 2144.05: “Applicants can rebut a prima facie case of obviousness by showing the criticality of the range. ‘The law is replete with cases in which the difference between the claimed invention and the prior art is…
Read MoreWhat is the effective date for the changes made by the CREATE Act?
The CREATE Act has a specific effective date for its changes to pre-AIA 35 U.S.C. 103(c). According to the MPEP: “The effective date provision of the CREATE Act provided that its amendments shall apply to any patent (including any reissue patent) granted on or after December 10, 2004, except those patents subject to the current…
Read MoreHow do courts view negative limitations in patent claims?
Courts generally view negative limitations in patent claims as acceptable, provided they meet certain criteria. The MPEP 2173.05(i) states: “The current view of the courts is that there is nothing inherently ambiguous or uncertain about a negative limitation.” This represents a shift from older views where courts were sometimes critical of negative limitations. The MPEP…
Read MoreWhat role does a court order play in correcting inventorship during reexamination?
A court order can play a significant role in correcting inventorship during reexamination. According to MPEP 2250.02 and 37 CFR 1.530(l)(1): “When it appears in a patent being reexamined that the correct inventor or inventors were not named, the Director may, […] on order of a court before which such matter is called in question,…
Read MoreHow do courts determine equitable intervening rights in patent cases?
Courts consider several factors when determining whether to grant equitable intervening rights in patent cases: The nature and extent of the accused infringer’s reliance on the original patent claims The amount of time between the grant of the original patent and its reissue or reexamination The infringer’s good faith and investment in the infringing product…
Read MoreHow can inventorship be corrected during a reexamination proceeding?
Inventorship can be corrected during a reexamination proceeding by submitting a petition that complies with 37 CFR 1.324. As stated in MPEP 2250.02: “Where the inventorship of a patent being reexamined is to be corrected, a petition for correction of inventorship which complies with 37 CFR 1.324 must be submitted during the prosecution of the…
Read MoreWhat is the process for converting an international design application to a U.S. design application?
The process for converting an international design application to a U.S. design application under 35 U.S.C. Chapter 16 is outlined in 37 CFR 1.1052. The key steps are: File a petition for conversion with the USPTO Pay the fee set forth in 37 CFR 1.17(t) File the petition before the international registration is published Ensure…
Read MoreHow does control and supervision affect experimental use in patent law?
Control and supervision by the inventor are crucial factors in determining whether an activity qualifies as experimental use. The MPEP emphasizes: “The significant determinative factors in questions of experimental purpose are the extent of supervision and control maintained by an inventor over an invention during an alleged period of experimentation, and the customer’s awareness of…
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