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Patent prosecution is the interaction between applicants and a patent office with regard to a patent application or a patent. 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 ...
This is a list of notable patent law cases in the United States in chronological order. The cases have been decided notably by the United States Supreme Court , the United States Court of Appeals for the Federal Circuit (CAFC) or the Board of Patent Appeals and Interferences (BPAI).
No infringement action may be started until the patent is issued. However, pre-grant protection is available under 35 U.S.C. § 154(d), which allows a patent owner to obtain reasonable royalty damages for certain infringing activities that occurred before patent's date of issuance. This right to obtain provisional damages requires a patent ...
2011. Sixth Patent Act (America Invents Act) switched from first-to-invent to first-to-file. [5] 2012-2013. In Mayo and Myriad the SCOTUS limited patentability of inventions based on newly-discovered natural phenomena, requiring a further "inventive concept" instead of routine applications. 2014.
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 original patent term under the 1790 Patent Act was decided individually for each patent, but "not exceeding fourteen years". The 1836 Patent Act (5 Stat. 117, 119, 5) provided (in addition to the fourteen-year term) an extension "for the term of seven years from and after the expiration of the first term" in certain circumstances, when the inventor hasn't got "a reasonable remuneration for ...