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According to estimates, proponents of the bill believe that the costs of the prizes would be offset by the introduction of generic drugs and the reduction of monopoly power in the pharmaceutical industry. Sanders believes that these bills will save private insurers, Medicaid, and other government assistance programs money. [6]
Under U.S. law, a provisional application, as such, is never examined by the United States Patent and Trademark Office (USPTO), and therefore never becomes a patent on its own (unless the provisional patent application is later converted into a non-provisional patent application by the applicant, and then the application is examined as a non ...
The issues of patent validity and patent infringement fall under exclusive jurisdiction of the Federal government. On the other hand, questions of patent ownership (like other questions of private property) are contested in state courts, although federal courts can make decisions about patent ownership by applying the relevant state law, when ...
In United States patent law, those applying for a patent, i.e. applicants, and patentees may claim a particular status depending on the number of their employees. The fees to be paid to the patent office depend on the applicant's status. The statuses include the "large entity" status and the "small entity" status.
No infringement action may be started until the patent is issued. However, pre-grant protection is available under 35 U.S.C. § 154(d), which allows a patent owner to obtain reasonable royalty damages for certain infringing activities that occurred before patent's date of issuance. This right to obtain provisional damages requires a patent ...
Ironically, Congress intended that the reexamination process should have just the opposite effect: "Patent office reexamination will greatly reduce, if not end, the threat of legal costs being used to 'blackmail' such [patent-] holders into allowing patent infringements or being forced to license their patents for nominal fees."
This is a list of legal terms relating to patents and patent law.A patent is not a right to practice or use the invention claimed therein, but a territorial right to exclude others from commercially exploiting the invention, granted to an inventor or their successor in rights in exchange to a public disclosure of the invention.
The original patent term under the 1790 Patent Act was decided individually for each patent, but "not exceeding fourteen years". The 1836 Patent Act (5 Stat. 117, 119, 5) provided (in addition to the fourteen-year term) an extension "for the term of seven years from and after the expiration of the first term" in certain circumstances, when the inventor hasn't got "a reasonable remuneration for ...
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