Precedent for ex parte patent prosecution

Article Abstract:

Determining whether the decisions of a given federal court regarding ex parte patent prosecutions are binding on the US Patent and Trademark Office requires determining whether the court's jurisdiction includes appeals of patent matters. Decisions of the Supreme Court, the Court of Appeals for the Federal Circuit and the Court of Claims are all binding precedent under stare decisis. Decisions from the Court of Customs and Patent Appeals, other Courts of Appeals, the District Court for the District of Columbia, and the Board of Patent Appeals and Interferences may also be controlling.

Regulation, Licensing, and Inspection of Miscellaneous Commercial Sectors, Regulation misc. commercial sectors, Patent & Trademark Office, Practice, United States. Patent and Trademark Office, Ex parte procedure, Stare decisis

---

Teaching a way is not teaching away

Article Abstract:

Patent lawyers, examiners, and agents should familiarize themselves with the patent concept of teaching away and with other similar concepts from which it should be distinguished. The concept is used in litigation when lawyers or agents argue that prior art references would have discouraged persons of ordinary skills from making modifications or combinations. Understanding what teaching away is and is not and different ways of teaching away is important for clear argumentation during litigation processes.

Other Justice, Public Order, and Safety Activities, Patent Law, Analysis

---

Anything you say can be used against you: admissions of prior art

Article Abstract:

The author discusses the use by US patent examiners of admissions of prior art by patent applicants. Means of identifying admissions and determining their scope are outlined.

United States

Similar abstracts:

• Abstracts: Preparing for the penalty phase; there are actually two Oklahoma bombing trials afoot in Denver. D.C. cop's lies may taint trials; resume-packing by drug 'expert' puts cases under review
• Abstracts: The evidentiary use of the ethics codes in legal malpractice: erasing a double standard
• Abstracts: Useful suggestions for building an estate planning practice. Guidelines for reviewing an drevising an estate plan
• Abstracts: Below-market loans offer tax arbitrage potential. Help clients evaluate tax and compliance aspects of franchising
• Abstracts: Biotech patenting issues raise ethical concerns; strong patent regime for human genome research may balance public and private interests

This website is not affiliated with document authors or copyright owners. This page is provided for informational purposes only. Unintentional errors are possible.