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An interference proceeding is an administrative proceeding conducted by a panel of administrative patent judges (administrative law judges sitting on the Board of Patent Appeals and Interferences) of the United States Patent and Trademark Office (USPTO) to determine which applicant is not entitled to the patent if both claimed the same invention in:
Patent examiners review patent applications to determine whether the invention(s) claimed in each of them should be granted a patent or whether the application should instead be refused. One of the most important tasks of a patent examiner is to review the disclosure in the application and to compare it to the prior art.
Thus, provided an inventor is diligent in actually reducing an application to practice, he or she will be the first inventor and the inventor entitled to a patent, even if another files a patent application, constructively reducing the invention to practice, before the inventor. [4] However, the first applicant to file has the prima facie right ...
In patent law, an inventor is the person, or persons in United States patent law, who contribute to the claims of a patentable invention. In some patent law frameworks, however, such as in the European Patent Convention (EPC) and its case law , no explicit, accurate definition of who exactly is an inventor is provided.
[1] This is also known as claim interpretation. [2] A Markman hearing usually defines the scope of the patent either for or against the inventor. However, effects of the Markman hearing, include (1) what evidence to consider, (2) de novo review on appeal, (3) depletion of judicial resources, and (4) the timing of a Markman hearing. [3]
Divisional applications are generally used in cases where the parent application may lack unity of invention; that is, the parent application describes more than one invention and the applicant is required to split the parent into one or more divisional applications each claiming only a single invention.
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