How strong is first inventor defense? Prior-user rights provisions are riddled with qualifications meant to limit its applicability
Article Abstract:
Issues regarding the debate on business method patents are discussed, as is the first inventor defense, the first affirmative defense to the patent infringement creating certain limited prior user rights. The American Inventors Protection Act of 1999 and the First Inventor Defense Act of 1999 cover these matters.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 2000
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Patent Marking Statute may need major overhaul; formal notice provisions put it at odds with laws protecting other IP
Article Abstract:
The Patent Marking Statute was enacted during the post-Civil War era to prevent innocent infringement, and its need for major amendment is discussed. The key issue is whether the discriminatory effect created by the law's construction is worth the slightly increased chance that patentees will mark their products.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 2001
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Strategies of tech business include utility patents; thousands have been flooding PTO with applications claiming rights in business methods
Article Abstract:
The exponential increase in applications for business method patents is discussed. Computer-dependent companies should protect their competitive position by applying for utility patents.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 2001
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