• Derivation

    Derivation – A USPTO Remedy for Theft of Inventions

    by  • April 3, 2012 • Derivation

    Derivation proceedings under the America Invents Act will provide a powerful administrative remedy for theft of inventions by competitors who are the first to file patent applications for inventions derived from earlier inventors. The proposed rules carve out and preserve from interferences an important protection for the rights of first inventors, whose inventions are misappropriated [...]

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    USPTO Opposition Trial Rules Adopt Interference Procedures

    by  • February 15, 2012 • Derivation, Featured, Inter partes review, Post-grant review, USPTO trial procedure

    The USPTO has issued proposed general rules governing the conduct of post-grant proceedings, including a Practice Guide for Proposed Trial Rules, and a more detailed proposed Rules of Practice for Trials before the new Patent Trial and Appeal Board. The proposed rules incorporate many requirements and procedures from the current interference rules, including mandatory initial [...]

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    New U.S. Opposition Proceedings Provide Strategic Avenues for Patent Challengers

    by  • November 5, 2011 • Derivation, Featured, Inter partes review, Interference, Post-grant review, Supplemental Examination

    The 2011 America Invents Act radically revises the U.S. system of post-grant patent review, by providing 4 new post-grant opposition proceedings in addition to existing ex parte reexamination. The strategic use of interrelated post-grant proceedings will provide complex and rapid avenues for challenging the validity of important U.S. patents, and create a specialist bar of [...]

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