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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 navigating the examination process to meet all legal requirements for patentability. This phase requires a strategic ...
A related, but different, issue is whether copyrighted scientific literature, sometimes referred to as "non-patent literature" (NPL), can be freely copied for submission to the USPTO and more generally in the context of patent prosecution.
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.
Although this statement is superficially similar to intellectual property clauses in the constitutions of other countries, the US patent system has several peculiarities: This clause is interpreted as giving the primary IP rights only to individuals (i.e. "inventors") rather than to organizations (see Stanford University v.
An intellectual property (IP) infringement is the infringement or violation of an intellectual property right. There are several types of intellectual property rights, such as copyrights, patents, trademarks, industrial designs, plant breeders rights [1] and trade secrets. Therefore, an intellectual property infringement may for instance be one ...
The term "intellectual property" began to be used in the 19th century, though it was not until the late 20th century that intellectual property became commonplace in most of the world's legal systems. [6] Supporters of intellectual property laws often describe their main purpose as encouraging the creation of a wide variety of intellectual ...
A Patent Cooperation Treaty/Patent Prosecution Highway (PCT/PPH) pilot program was also started on 29 January 2010 for a planned period of two years. This pilot program enables to "[fast-track] patent examination procedures for PCT applications that have received a positive written opinion of either the International Searching Authority or the International Preliminary Examining Authority, or ...
The origin of the legislation was the Intellectual Property Rights Enforcement Act, S.1984 introduced on November 9, 2005, in 109th Congress [8] by Senator Evan Bayh (D-IN) and Senator George Voinovich (R-OH), and re-introduced on February 7, 2007, in the 110th Congress as S.522.