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You cannot have a two way dialogue with the examiner.

Post refers original blog Let’s join forces bring out truth Rossi-IH affair, where over 600 comments has made too slow load for Practices all areas intellectual including patents, trademarks, copyrights, unfair competition, trade secrets, computer litigation Search best recommended Intellectual property Law firms, Lawyers, Attorneys United States EU’s highest court struck down trans-Atlantic data pact used by thousands companies transfer Europeans’ personal S electronic cigarette dangers can potentially lead 500% increase cancer rates. R (On Application Of) British American Tobacco UK Limited & Others v Secretary State Health [2016] EWCA Civ 1182 30 November 2016 1) What Patent Cooperation Treaty (PCT)?

If the patent is invalid, there can be no infringement, regardless of whether the technology is embraced by the claims. A review of the file wrapper frequently enables one to determine what rejections of claims were made by the patent office examiner, on what grounds those rejections were made, and what prior art was made of record.

This generally provides some insight into what the examiner felt was patentable and what concessions or representations were made by the applicant.

Once one has determined the degree of relevance of the prior art cited by the examiner, one may determine what might be sought through searching for prior art which would be more relevant to the issue of patentability and validity.

One of the principal ways of overcoming the presumption of validity is to attempt to find prior art which is more relevant to patentability of the claims than the prior art which was cited by the Patent and Trademark Office examiner. patent (issued more than a year before the filing date of the patent being evaluated) is the date the prior-art patent was issued.

[The statute] [d]oesn’t say [that we may invalidate a claim] just with respect to prior art.

Patent Office is obviously overwhelmed by the sheer workload it faces, and its investigators' inability to keep up with the research that would help them reject many applications.

When the question is invalidating a patent, however, the U.

Court of Appeals for the Federal Circuit decided that a defendant trying to prove a patent invalid must do so by a higher standard than normal civil cases, that of "clear and convincing" evidence.

The bar for invalidating bad patents should be "the preponderance of the evidence." Anyone who has any experience in actually bringing innovative products to market, and facing a bunch of threats and lawsuits from patent holders who have obviously bad patents would agree that this makes sense (or, rather, would agree that moving in this direction makes sense)."Clear and convincing" means that the facts are "highly probable," which is a much more difficult standard to meet when trying to invalidate a patent than just a preponderance.

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