Patentability issues relating to interference counts

Article Abstract:

The decision of In re van Geuns is an improvement over the Patent and Trademark Office's (PTO) interpretation of interference counts. The PTO held that claims related to a count would succeed or fail depending upon whether a count was patented. The new decision holds that such claims are independent of the success of a count's patentability. Thus, it is no longer necessary to move for claims to be defined as unrelated to counts if the counts fail to win patents. The court noted that rules for interference only applied to claims' patentability.

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U.S. GATT legislation changes patent term

Article Abstract:

Amendments to US patent law resulting from GATT have changed the patent term from 17 years from the date the patent was granted to 20 years from the date the original application was filed. The changes take effect on June 8, 1995 and will apply prospectively. This will change US prosecution practice in several ways. Traditional continuation practice may be abandoned in order to preserve the 20-year term. New strategies will be necessary to prevent loss of patent term and secure maximum patent protection.

Analysis, Management, Laws, regulations and rules, International trade, Patents, Harmonization of laws, International trade regulation, international

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Should the clear & convincing evidence standard for rebutting the presumption of validity apply when the challenger raises a substantial new question of patentability?

Article Abstract:

The only law dealing with the evidence standard for rebutting a patent's presumed validity is 35 USC 282, and it does not give the standard of proof required. According to the Court of Appeals for the Federal Circuit, the challenging party must prove invalidity under the clear and convincing standard, so the presumption of validity should not hold true when the challenger produces prior art substantially questioning patentability.

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