Further comments on PCT/USA national phase applications and section 102(e) dates
Article Abstract:
Two remedies exist for the Patent Code's disadvantageous section 102(e) date, which results from filing an utility patent application under the Patent Cooperation Treaty and meeting section 371 rather than section 111(a) requirements. Applicants can file a national application as a continuation of the parent treaty application according to section 365(c) and receive the parent application date as the effective date. Applicants might also file subsequent continuation applications and have each receive the earlier date, due to a possible section 120 anomaly.
Publication Name: Journal of the Patent and Trademark Office Society
Subject: Law
ISSN: 0882-9098
Year: 1997
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Traversing the section 112, paragraph six field of land mines: does In re Donaldson adequately defuse the problems?
Article Abstract:
The decision of In re Donaldson Co. introduces uniformity and stability to patent law, although it has no clear impact upon policy. The decision covers means-plus-function testing of patent claims. Problems with section 112, paragraph six of the 1952 Patent Act should be cleared up, as with its use to ascertain statutory subject material. Two methods could be used by the Patent and Trademark Office to implement the decision, which would facilitate patent policy.
Publication Name: Journal of the Patent and Trademark Office Society
Subject: Law
ISSN: 0882-9098
Year: 1995
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