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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. Pre-grant prosecution includes the drafting and filing of patent applications, responding to patent office actions, and ...
A patent attorney is an attorney ... patent examination decisions at major patent offices shows that patent attorney firms play a crucial role in the prosecution ...
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 ...
A patent engineer or patent scientist is a patent professional who is typically involved in preparing and prosecuting patent applications. The terms are usually applied to patent professionals with scientific or engineering backgrounds that do not require either attorney or patent agent qualifications, but still work with patent applications.
Unless overruled by a Supreme Court case, Federal Circuit decisions can dictate the results of both patent prosecution and litigation as they are universally binding on all United States district courts and the United States Patent and Trademark Office. An incomplete list of United States Supreme Court patent case law can be found here.
In the doctrine of equivalents, prosecution history estoppel creates only a rebuttable presumption against infringement. Holmes Group v. Vornado: 535 U.S. 826: 2002: Patent issues raised in counterclaim do not give rise to Federal Circuit jurisdiction Merck KGaA v. Integra Lifesciences I, Ltd. 545 U.S. 193: 2005: Related to Research exemption.
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