Different inventive entities under 35 U.S.C. 102(e) and affidavit practice under 37 C.F.R. 1.132

Article Abstract:

One patent situation without a simple solution happens when co-applicants file an application for a patent at the same time, but one was not an inventor of the earlier dislosed but unclaimed subject matters. If both applicants are really co-inventors, the Examiner may not allow the application through affidavit practice. There should, however, be a logical presumption that a 37 CFR 1.132 affidavit proves invention of all features of the current application found in the earlier patent.

Laws, regulations and rules, Patent licenses, Patent licensing

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Litigating obviousness: a new approach for using expert witnesses

Article Abstract:

'Clean room' offers an effective method for presenting expert testimony on obviousness in patent infringement cases. Proving or disproving that an invention was obvious in light of the prior art is the recurrent issue in infringement suits. In the clean room approach, the obviousness expert watches a group of people familiar with the prior art deal with the same problem that faced the inventor-litigant. Whether the results prove or disprove obviousness depends on their success.

Usage, Testimony, Evidence, Expert, Expert evidence, Prior art (Patent law)

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Affidavit or declaration practice guideline

Article Abstract:

An outline describes the requirements and procedures for filing either an affidavit or a declaration as part of a larger patent application prosecution. Possible problems and solutions, and factors in determining whether an affidavit or a declaration should be filed, are included.

Management, Patents, Patent assignments

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