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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]
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 ...
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.
This is a list of special types of claims that may be found in a patent or patent application.For explanations about independent and dependent claims and about the different categories of claims, i.e. product or apparatus claims (claims referring to a physical entity), and process, method or use claims (claims referring to an activity), see Claim (patent), section "Basic types and categories".
Ireland appears to subscribe to a doctrine of equivalents. In Farbwerke Hoechst v Intercontinental Pharmaceuticals (Eire) Ltd (1968), a case involving a patent of a chemical process, the High Court found that the defendant had infringed the plaintiff's patent despite the fact that the defendant had substituted the starting material specified in the patent claim for another material.
"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.
Interpretation, according to Dworkin's "integrity theory of law", has two dimensions. To count as an interpretation, the reading of a text must meet the criterion of "fit". Of those interpretations that fit, however, Dworkin maintains that the correct interpretation is the one that portrays the practices of the community in their best light, or ...
Statutory interpretation is the process by which courts interpret and apply legislation. Some amount of interpretation is often necessary when a case involves a statute. Sometimes the words of a statute have a plain and a straightforward meaning. But in many cases, there is some ambiguity in the words of the statute that must be resolved by the ...