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Patent prosecution is the interaction between applicants and a patent office with regard to a patent ... prior to the America Invents Act going into force in 2012, if ...
A person who practices that invention without the permission of the patent holder infringes that patent. More specifically, an infringement occurs where the defendant has made, used, sold, offered to sell, or imported an infringing invention or its equivalent. [1] No infringement action may be started until the patent is issued.
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.
Unlike most other countries, the US allows extension of patent monopoly beyond 20 years from the filing date via patent term adjustment [12] due to the patent prosecution delays by the USPTO or due to product approval delays by Food and Drug Administration. The US does not have utility models.
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.
A micro-entity is entitled to a 75% reduction in many of the patent fees payable to the US Patent Office during prosecution of a US patent application. The patent office is expected to develop regulations to identify which fees will be eligible for the reduction and how joint inventors may qualify as a micro-entity.
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