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Patently-O

Patent law analysis by Dennis Crouch.
Patently-O Blog  
Listed in: Society > Law
Related Topics: case, claims, judge, patentlyo, patents, uspto
Author: Dennis Crouch
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Cases where Written Description is Satisfied, but Enablement is Lacking

Dec 14, 2009
In Ariad, an en banc Federal Circuit is set to determine whether (and how) the written description requirement is separate and distinct from enablement. The questions presented read as follows: 1. Whether 35 U.S.C. § 112, paragraph 1, contains a...

Best Mode at the BPAI

Dec 13, 2009
Ex parte Lin, Appeal No. 2009-4275, Application No. 10/255,216 (BPAI October 30, 2009) The Examiner rejected Lin's patent application for failure to comply with the best mode requirement of 35 USC § 112p1. The Board reversed that rejection because...

Predicted 2009 Patent Application Filings

Dec 11, 2009
via CNN in an article titled: "Recession's latest victim: U.S. innovation." Dennis Crouch's Comment: Patent filings are clearly down, but I don't know that I agree with the reporter's conclusion that therefore "U.S. innovation took a step backward for...

First-to-File versus First-Inventor-to-File

Dec 11, 2009
In the US, an inventor's evidence of pre-filing conception, diligence, and reduction-to-practice can help win a priority contest against a competing inventor and can also negate would-be prior art. Around the world, the vast majority of other countries...

The "Matrix" for First-Inventor-To-File: An Experimental Investigation into Proposed Changes in US Patent Law

Dec 10, 2009
Guest Post by Brad Pedersen and Justin Woo (Read their Full Article at http://ssrn.com/abstract=1518660) The Patent Reform Act of 2009 would replace the current “first-to-invent” (FTI) system with a new “first-inventor-to-file” (FITF) system....


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