Conception, testing, reduction to practice: when is it really on sale?
Article Abstract:
The point at which an invention exists and is capable of being sold within the meaning of Patent Code section 102(b) is not clear except where tangibility and operability of items are evident. Section 102(b) requires patent applications to be filed within a year of the sale or offering for sale of inventions. The Federal Circuit has consistently issued nonuniform opinions regarding the issue of extent of development. The US Supreme Court may resolve the problem as it has agreed to review Pfaff v. Wells.
Publication Name: Journal of the Patent and Trademark Office Society
Subject: Law
ISSN: 0882-9098
Year: 1998
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Only obvious variations infringe
Article Abstract:
The most recent Federal Circuit rulings suggest the use of 35 USC 112 as a tool for assessing infringement in terms of the obviousness of the accused device in view of the patent disclosure, a key departure from patent lawyers' understanding of the way patent infringement is determined. Drafters of patent applications should broadly disclosure the invention and describe the numerous embodiments so that more accused products will be similar to those described in the patent.
Publication Name: Journal of the Patent and Trademark Office Society
Subject: Law
ISSN: 0882-9098
Year: 1998
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A Rich legacy
Article Abstract:
A testimonial to the late Judge Giles S. Rich of the U.S. Court of Appeals for the Federal Circuit is given. Rich was also a legal scholar with 50 years worth of writings, and a person with a passion for technology. A testimony to Rich's approachability and humility are also given.
Publication Name: Journal of the Patent and Trademark Office Society
Subject: Law
ISSN: 0882-9098
Year: 1999
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