What protection does 35 U.S.C. 121 provide to patent holders regarding improper joinder?

35 U.S.C. 121 provides significant protection to patent holders regarding improper joinder of inventions. According to MPEP 805, the statute states: “the validity of a patent shall not be questioned for failure of the Director to require the application to be restricted to one invention.” This means that patent holders are protected from challenges to…

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What is the presumption of operability in patent law?

The presumption of operability is a legal concept in patent law that assumes every patent is valid and operable. This is based on 35 U.S.C. 282, which states that patents are presumed valid. The MPEP section 716.07 elaborates on this, stating: ‘Since every patent is presumed valid (35 U.S.C. 282), and since that presumption includes…

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What happens if a prior-filed application lacks adequate written description for a claimed invention?

If a prior-filed application lacks adequate written description for a claimed invention, the following consequences may occur: The claim in the later-filed application will not be entitled to the benefit of the filing date of the prior-filed application for that invention. The effective filing date for the claimed invention will be the filing date of…

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What are the consequences of failing to comply with the inventor’s oath or declaration requirements?

Failing to comply with the inventor’s oath or declaration requirements can have serious consequences for a patent application or an issued patent. However, the America Invents Act (AIA) introduced some provisions to mitigate these consequences. According to 35 U.S.C. 115(h)(3): A patent shall not be invalid or unenforceable based upon the failure to comply with…

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How long is a provisional patent application valid?

A provisional patent application has a limited lifespan. According to MPEP 201.04: “A provisional application will automatically be abandoned 12 months after its filing date and will not be subject to revival to restore it to pending status thereafter. See 35 U.S.C. 111(b)(5).” However, there is a provision for extending this period in certain circumstances:…

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What is voluntary arbitration in patent disputes?

Voluntary arbitration in patent disputes is a process outlined in 35 U.S.C. 294 where parties can agree to settle disputes related to patent validity or infringement through arbitration. The law states: ‘A contract involving a patent or any right under a patent may contain a provision requiring arbitration of any dispute relating to patent validity…

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