Intervening rights: a potential hidden trap for reexamined patents
Article Abstract:
A patent owner thinking of reexamination who fails to consider intervening rights risks letting a potential infringer avoid paying money damages for activities before the conclusion of reexamination, and this infringer may even be able to continue using the patented invention, especially if they have evidence of activities constituting "substantial preparation" before the time the reexamination ends. The patent owner will minimize the extent to which intervening rights might be applied to the reexamined patent by trying to hold onto some of the claims in unaltered form during reexamination.
Publication Name: Journal of the Patent and Trademark Office Society
Subject: Law
ISSN: 0882-9098
Year: 1998
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New Australian Patents Act
Article Abstract:
Australia's 1990 Patents Act includes 18 important changes to prior patent practice and law. Changes cover applicants, nominated persons, abstracts, form signing, petty patents, a new standard for novelty, inventive steps, whole contents, secret use, modified examinations, amendments, results of searches, opposition before grant, microorganisms, reexaminations, contributory infringement, annuities, file wrappers and transitions to the new rules for patents pending.
Publication Name: Journal of the Patent and Trademark Office Society
Subject: Law
ISSN: 0882-9098
Year: 1993
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