The law and practice under 35 USC 135(c)

Article Abstract:

The Patent and Trademark Office requires photocopies of the original agreement, but these do not have to be notarized, however, the accused infringer has the right to assert as an affirmative defense that the patent in suit is permanently unenforceable because of a violation of 35 USC 135(c). Unenforceability is an absolute defense to a claim of infringement, and a party to an agreement rendered permanently unenforceable because of failure to comply with 35 USC 135(c) has the right to claim unenforceability of the agreement, although there seems to be no case law on point.

---

The law and practice under 35 USC 135(c)

Article Abstract:

Patent interference proceedings are covered by 35 U.S.C. 135(c), which stipulates that such proceedings may be ended in a manner hostile to the public interest by restricting competition with patent interference settlement agreements. The legislative history indicates a hoped-for salutary impact on patent law, as well as an aid to the Antitrust Division of the Justice Department in regulating the patent interference bar. In practice, the law has had little effect.

Antitrust law

---

First to file or first to invent?

Article Abstract:

The author proposes harmonization of patent laws into a single international standard that would incorporate the first-to-file system. The deficiencies of the American first-to-invent patent system are outlined, and the benefits of a uniform international law are discussed.

International, Evaluation, Harmonization of laws

Similar abstracts:

• Abstracts: In the Beltway; Federal Claims Court may quench asbestos fires; DOJ still in hot seat. In the beltway; judicial pay hikes and DOJ nomination touch off sparks
• Abstracts: New generation of service. Our response to the tragedy
• Abstracts: Commentary: Enlargement and the wider Europe. Commentary: will the EU be ready for enlargement? Commentary: of Austracism and enlargement
• Abstracts: Dershowitz goes after Bennett... and the president responds to the opinionated prof. Lawyers take center stage; but despite their key role in the national election drama, pols are the ones in charge
• Abstracts: Corporate law; defining privilege. Litigation; joint defense issues. Privilege issues; subpoena by Congress

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