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Patent prosecution is the interaction between applicants and a patent office with regard to a patent application or a patent. The prosecution process is broadly divided into two phases: pre-grant and post-grant prosecution.
A first aspect relating to the infringement of European patents which is prescribed in the EPC is the extent of protection conferred by a European patent. Article 69(1) EPC reads: The extent of the protection conferred by a European patent or a European patent application shall be determined by the claims. Nevertheless, the description and ...
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 ...
The U.S. International Trade Commission said on Tuesday that smartphones made by Lenovo's Motorola Mobility infringe patents owned by Ericsson, which could lead to a ban on U.S. imports of the ...
Patent infringement is an unauthorized act of - for example - making, using, offering for sale, selling, or importing for these purposes a patented product. Where the subject-matter of the patent is a process, infringement involves the act of using, offering for sale, selling or importing for these purposes at least the product obtained by the patented process. [1]
This statute allows the US government to override patent protection (or contract another entity to do so) for public-use purposes. The patent owner can sue for limited compensation. [36] Invention Secrecy Act (1951) Patent Act of 1790, First Patent Act - April 7, 1790; Patent Act of 1836; Patent Act of 1870; Patent Act of 1952; Patent Reform ...
The grant and enforcement of patents are governed by national laws, and also by international treaties, where those treaties have been given effect in national laws. Patents are granted by national or regional patent offices, [72] i.e. national or regional administrative authorities. A given patent is therefore only useful for protecting an ...
A patent agent can only act in a representative capacity in patent matters presented to the USPTO, and may not represent a patent holder or applicant in a court of law. To be eligible for taking the patent bar exam, a candidate must possess a degree in "engineering or physical science or the equivalent of such a degree". [107]