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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 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.
While the United States Patent Act does not directly distinguish "direct" and "indirect" infringement, it has become customary to describe infringement under 35 U.S.C. § 271(a) as direct infringement, while grouping 35 U.S.C. § 271(b) and 35 U.S.C. § 271(c) together as "indirect" ways of infringing a patent. [4]
IP5 is a forum of the five largest intellectual property offices in the world. The five patent offices are the US Patent and Trademark Office (USPTO), the European Patent Office (EPO), the Japan Patent Office (JPO), the Korean Intellectual Property Office (KIPO), and the National Intellectual Property Administration (CNIPA formerly SIPO) in China.
1952. Fifth Patent Act codified US patent law into Title 35 of the U.S. Code including previous case law on non-obviousness. 1980. US Congress established an ex parte reexamination to allow the USPTO to review validity of issued patents at the request of patent owners and third parties. However, the process was slow and usually favored patent ...
First United States patent The National Inventors Hall of Fame is housed in the Madison Building of the USPTO. On July 31, 1790, the first U.S. patent was issued to Samuel Hopkins for an improvement "in the making of Pot ash and Pearl ash by a new Apparatus and Process". This patent was signed by then-President George Washington.
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.
The United States Patents Quarterly (U.S.P.Q.) is a United States legal reporter published by the Bloomberg Industry Group [1] in Washington, D.C. The U.S.P.Q. covers intellectual property cases including patents, copyrights, trademarks, and trade secrets, from 1913 to the present. The publisher stopped the sequence of volume numbers and ...