Search results
Results from the WOW.Com Content Network
The second is the collateral appeal or post-conviction petition, in which the petitioner-appellant files the appeal in a court of first instance—usually the court that tried the case. The key distinguishing factor between direct and collateral appeals is that the former occurs in state courts, and the latter in federal courts. [dubious ...
An applicant can appeal the examiner's decision to the PTAB. The appeal procedure is described in section 1200 of the U.S. Manual of Patent Examining Procedure (MPEP). [4] Typically, appeals to the PTAB are conducted ex parte. Decisions of the PTAB are typically rendered as an opinion.
Choosing a research question is an essential element of both quantitative and qualitative research. Investigation will require data collection and analysis, and the methodology for this will vary widely. Good research questions seek to improve knowledge on an important topic, and are usually narrow and specific. [1]
By petition for writ of certiorari with respect to a decision of one of the territorial or state courts, after all state appeals have been exhausted, where an issue of federal constitutional or statutory law is in question. The writ is usually issued to a state supreme court (including high courts of the District of Columbia, Puerto Rico, the U ...
Questions of constitutionality are considered a type of question of law, and thus appellate courts always review lower court decisions that address constitutional issues de novo. However, the term "standard of review" has an additional meaning in the context of reviewing a law for its constitutionality, which concerns how much deference the ...
In the law of the United States, a certified question is a formal request by one court from another court, usually but not always in another jurisdiction, for an opinion on a question of law. These cases typically arise when the court before which litigation is actually pending is required to decide a matter that turns on the law of another ...
EPO headquarters in Munich, Germany, where the Boards of Appeal were based until 2017.. Decisions of the first instance departments of the European Patent Office (EPO) can be appealed, i.e. challenged, before the Boards of Appeal of the EPO, in a judicial procedure (proper to an administrative court), as opposed to an administrative procedure. [1]
A Markman hearing usually defines the scope of the patent either for or against the inventor. However, effects of the Markman hearing , include (1) what evidence to consider, (2) de novo review on appeal, (3) depletion of judicial resources, and (4) the timing of a Markman hearing .