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The current version of the MPEP is the 9th Edition, which was released in March 2014. The MPEP has traditionally been available in paper form, but electronic versions are now used more often, particularly because an applicant only may consult the electronic versions while taking the USPTO registration examination, or the patent bar examination ...
An inter partes review is used to challenge the patentability of one or more claims in a U.S. patent only on a ground that could be raised under 35 U.S.C. §§ 102 or 103 (non-obviousness), and only on the basis of prior art consisting of patents or printed publications. [3]
Traditionally the USPTO used for claims interpretation during patent examination a "broadest reasonable interpretation consistent with specification" standard, [33] while the US courts in suits for patent infringement, during a Markman hearing, a claim is interpreted using a narrower standard. This duality (broader during examination, narrower ...
1854. In Winans v. Denmead, the US Supreme Court decided that the interpretation of patent claims is a question of law, decided by a judge, while the finding of infringement is a question of fact, decided by a jury. [4] This remains a binding precedent currently. 1870.
"To find the CRT’s interpretation patently unreasonable, there must be an immediately obvious defect – suggesting that there can only be one reasonable interpretation of the Second Resolution. This is not the case. Another reasonable interpretation could be that the special levy is due and payable on May 1, 2021, per the underlined phrase.
This, surely, cannot have been the intention of Parliament. However, the literal rule does not take into account the consequences of a literal interpretation, only whether words have a clear meaning that makes sense within that context. If Parliament does not like the literal interpretation, then it must amend the legislation.
Interpreting contracts in English law is an area of English contract law, which concerns how the courts decide what an agreement means.It is settled law that the process is based on the objective view of a reasonable person, given the context in which the contracting parties made their agreement.
The D.C. Circuit ruled in the NRDC's favor in 1982. In an opinion written by U.S. circuit judge (and future Supreme Court justice) Ruth Bader Ginsburg, the D.C. Circuit ruled that the EPA's new interpretation of "source" conflicted with the Circuit's prior cases interpreting the term and that the EPA's new interpretation was invalid. [3]