Design patentees: don't get unglued by Elmer, or the single most important thing to know about the preparation of design patent applications
Article Abstract:
The Federal Circuit's decision in Elmer should be a cause for concern for design patentees. The decision apparently renews some of the more troublesome aspects of In re Mann, making it hard to tell how broadly or narrowly a design patent will be interpreted and leaving both the original patentee and any future patentees who slightly alter an existing design in doubt as to how the courts will react. The history or Elmer, and similar cases involving infringement on design patents are discussed in detail.
Publication Name: Journal of the Patent and Trademark Office Society
Subject: Law
ISSN: 0882-9098
Year: 1996
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Undue delay in the prosecution of patent applications
Article Abstract:
Some patent applications involved in litigation are excessively delayed in their approval by the Patent Office. Statistical research shows an average pendency of three years for litigated patents vs 1.5 years for patents not involved in infringement cases. Methods to speed up the application include defining improper delay as inequitable conduct, setting terms from the highest priority dates of filing, updating the best mode requirement and stopping the chaining of applications.
Publication Name: Journal of the Patent and Trademark Office Society
Subject: Law
ISSN: 0882-9098
Year: 1992
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International patent applications and the section 102(e) dates of patents issuing therefrom
Article Abstract:
The Patent and Trade Office (PTO) usually views the 35 U.S.C. section 102(e) date from the section 365(c) continuation application to be the same date as is found on the international application filed under the Patent Cooperation Treaty (PCT). The second paragraph of section 102(e) controls the date of applications which meet the national phase requirements under section 371. Applicable statutes support these positions.
Publication Name: Journal of the Patent and Trademark Office Society
Subject: Law
ISSN: 0882-9098
Year: 1998
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