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Rules 290 (37 CFR 1.290) and 35 USC 122(e) control the submission of prior-art references by third parties after the publication of an application and before the issuance of the patent. The cited prior-art references must be dated at least six months from the date of the publication, the first rejection of any claim, or the notice of allowance.
The prosecution may also gain rights to notice of specific affirmative defenses, such as whether the defendant intends to raise an alibi defense or insanity defense, and have discovery rights relating to those defenses.
Maryland, [1] in which the Supreme Court ruled that suppression by the prosecution of evidence favorable to a defendant who has requested it violates due process. Following Brady , the prosecutor must disclose evidence or information that would prove the innocence of the defendant or would enable the defense to more effectively impeach the ...
The rule of lenity is one such canon. Implicit in its provisions is the additional burden placed on the prosecution in a criminal case and the protection of individual rights against the powers of the state. It also furthers the fundamental principle of requiring notice in criminal law. Individuals should not be punished for their acts when the ...
Judicial notice is a rule in the law of evidence that allows a fact to be introduced into evidence if the truth of that fact is so notorious or well-known, or so authoritatively attested, that it cannot reasonably be doubted.
A criminal referral or criminal recommendation is a notice to a prosecutorial body, recommending criminal investigation or prosecution of one or more entities for crimes which fall into that body's jurisdiction.
Evidence of other crimes, wrongs or acts is available for "non-character purposes," such as motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident. In a criminal prosecution, the defendant can request to receive notice of this type of evidence if the prosecution intends to admit it at trial. [6]
In the United-States, for example, a patent examiner will issue the following form paragraph if it is apparent that an applicant is not familiar with patent office policies and procedures: [32] ¶ 4.10 Employ Services of Attorney or Agent. An examination of this application reveals that applicant is unfamiliar with patent prosecution procedure.