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Published by: James Yang

Patent Assignments for Independent Contractors

Patent rights initially vest with the person that conceives of the invention.  For example, if a company hires an independent contractors, patent rights initially vest with the independent contractor.  If the company hiring the independent contractor wants to exploit the invention, the company must acquire the patent rights from the independent contractor through an assignment.  [...]

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When is a document a “Printed Publication”?

The United States follows a first-to-invent rule wherein the first person to invent is awarded a patent.  For example, if an inventor can prove that he or she conceived of the invention before someone else and diligently worked toward making a working model or filing a patent application, then that inventor will be awarded the [...]

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Adjusting Patent Term Due to Delays

Generally, the basic term of a patent is either 20 years from the filing date of the patent application or 17 years from the issue date of the patent whichever is greater.  However, there are many variations from the basic term.  For example, the patent term for a continuation patent is calculated not from its [...]

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Misconceptions of Provisional Patent Applications

After an inventor conceives of an invention, an application seeking patent protection may be filed with the United States Patent and Trademark Office. The first or initial patent application may either be a provisional or non provisional patent application. The provisional patent application is described as a lower cost option compared to the non-provisional patent [...]

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Disclose Information Related to Your Invention

After a patent application is filed with the United States Patent and Trademark Office, each individual involved with the patent application has a duty to disclose information that is material to the patentability of the invention.  Failure to disclose all material information coupled with an intent to mislead the Patent Office may jeopardize the validity [...]

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Rescission of Proposed Rules to Continuation and Claims Practice

The rules regarding continuation practice and claim practice which were proposed and would have been implemented in 2007 have been enjoined ever since. On September 21, 2009, the Patent Office with GlaxoSmithKline and Dr. Tafas filed a joint motion to dismiss the appeal and vacate the judgment of the district court since the Patent Office [...]

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Safe Harbor Provision for Divisional Patent Applications

The patent statute (35 USC § 121) indicates that divisional patent applications cannot be receive a double patenting rejection based on claims of a parent application. This is commonly known as the safe harbor provision of Section 121. The following case illustrates whether the safe harbor applies to a patent application that is a divisional [...]

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Specific Intent Required for Active Inducement of Patent Infringement

Liability for patent infringement may arise directly or indirectly. For direct patent infringement liability, a defendant makes, uses, sells, offers for sale or imports a product that infringes a patent. For indirect patent infringement liability, the accused actor is assisting someone else in directly infringing a patent either by inducing them to infringe or by [...]

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