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Court Erred in Disregarding Patent Expert ( July 2007 )
The Federal Circuit Court of Appeals ruled June 18th that a federal court in a patent dispute was wrong to disregard expert testimony and grant summary judgment upholding two patents. The expert's testimony, which concerned the obviousness of the patented technology, raised a sufficient factual dispute to require a trial as to the validity of the patents, the court said. -
Inherency In The Prior Art; The Rules Are Becoming Clearer ( June 2004 )
When is your invention "known" from a prior art reference thus rendering your invention unpatentable? If a prior art reference teaches your invention but does not explicitly recite each and every element, must the presence of the unrecited element, the inherent element, be apparent from reading the reference? -
Staking A Claim In The Nanoworld ( May 2004 )
Nanotechnology is an emerging field that concerns the development and use of compositions of matter that generally have a size of between 1 and 100 nanometers. At such small sizes, the compositions take on novel and potentially useful properties. Examples of these compositions include: smart molecules capable of targeting and eliminating infection and disease; carbon nanotubes and nanowires (potentially useful for advanced composites, electrical circuitry, systems for targeted delivery of pharmaceutical agents, and hydrogen storage mediums to power fuel cells); quantum dots; and high density DNA storages devices. -
What is Intellectual Property?: Patents ( May 2003 )
Intellectual Property is the group of legal rights in things that people create or invent. Intellectual property rights include patent, copyright, trademark and trade secret rights. In Europe and some other countries, "moral rights", which are rights of the artist not to have her work greatly altered, are also included. -
Design Patents as Alternatives to Utility Patents ( January 2003 )
Design patents are rarely encountered in the chemical process industry and yet they constitute a significant portion of the patents issued by the U.S. Patent and Trademark Office. The proportion is slowly increasing, with approximately one design patent now being granted for every ten utility patents. -
Joint Venture Companies Must Now Disclose Confidential Information during Patent Prosecution ( October 1999 )
Under 37 CFR ?1.56, there is a duty to disclose to the Patent and Trademark Office (PTO) all information known to . -
PTO Rejects Federal Circuit Decision, In Re Baird ( September 1995 )
In a highly unusual action, the PTO issued a Notice to Examiners on March 29, 1994 (1161 O.G. 314, No. 3, April 19.
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