Equitable defenses in a harmonized patent system
Article Abstract:
The prospective patent harmonization treaty will improve the international patent situation, and the US should sign on the treaty. The treaty is founded upon a first to file concept for patents, and this would solve more problems than it might create. It is possible to harmonize civil and common law concepts of patents, as with fraud and best mode questions. The treaty will give impetus to American inventors to file sooner, thus indirectly solving many economic problems of late patent applications. Integration of US patents with international law will also promote US trade.
Publication Name: Journal of the Patent and Trademark Office Society
Subject: Law
ISSN: 0882-9098
Year: 1993
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Drawing the line between licensing unpatented goods and illegal tying
Article Abstract:
There is a clearer distinction between licenses of products which are not patented and the illegal tying of product purchases, but products should still be evaluated on an individual basis. Tying consists of requiring a purchase of another product with the purchase of a desired product. Some protection for licenses comes from section 271(d)(5) of the Patent Code, defining activities which are not misuses of patents, but this provision has not yet been tested in court for licenses of unpatented items.
Publication Name: Journal of the Patent and Trademark Office Society
Subject: Law
ISSN: 0882-9098
Year: 1993
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Interpretation of "plurality."
Article Abstract:
The decision of the Court of Appeals for the Federal Circuit in Texas Instruments, Inc v. International Trade Commission has far-reaching consequences for the drafting and interpretation of patent claims using the concept of 'plurality.' A claim about conductors, using the word 'plurality,' was interpreted to mean all of the items instead of just more than one.
Publication Name: Journal of the Patent and Trademark Office Society
Subject: Law
ISSN: 0882-9098
Year: 1993
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