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BPAI Rules Reissue Improper When Only Adding Narrower Claims

Reissue practice and reissue oaths are plagued by the tortured language of 35 U.S.C. § 251.  Having suffered through 3 related reissues myself, I’ve often referred to this language in 35 U.S.C. § 251...

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Judge Pauline Newman Headlines All-Star PLI Program

Yes, a message from the shameless commerce division no doubt, but there are a handful of excellent PLI patent related programs coming up in February and March that deserve a mention.  After all, how...

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PLI’s Winter 2011 Schedule Full of Great IP Programs

I am really looking forward to these PLI programs in particular. I will be signed up to attend via webcast the programs I cannot make live, and I will be in in Chicago, IL in March for the Patent Bar...

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CAFC: Intervening Rights for Claims Unamended During Reexam*

I like writing about esoteric patent law topics and the question of “intervening rights” in reexaminations/reissues is one of the more esoteric. See my 1998 JPTOS article entitledIntervening Rights: A...

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Different Types of U.S. Patent Applications

A non-provisional patent application is a domestic U.S. patent application that has the possibility to mature into an issued U.S. patent if after examination the patent examiner is satisfied that the...

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Patent Strategy: Building a patent portfolio with meaningful rights

Last week I wrote about adopting a patent strategy in order to lay the foundation for success. What the article did not touch upon, however, is how you can use procedural mechanisms available at the...

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A STEPP In the Right Direction: A review of the PTO Stakeholder Training on...

Hands on exercises were part of the program. In reading and understanding a patent application, materials were provided how examiners learn to break down an application in order to prepare to conduct a...

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Curing the PTAB: How 3 Fixes Will Make a Better, Fairer Process

When the America Invents Act (AIA) was being formulated, from about 2005 – 2011, nothing was more subject to change bill-to-bill than the proposed “1st look” and “2nd look” procedures for issued US...

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En Banc Federal Circuit Dodges PTAB Constitutionality

Patlex, which dealt with reexamination of applications by an examiner — not by an Article I tribunal — could be considered a next step beyond McCormick. MCM, however, simply cannot be viewed as...

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Federal Circuit Ends Ping-Pong with District Court, Affirming Summary Judgment

This marks the third return to the Federal Circuit of a dispute (the 050 case) between the ArcelorMittal Appellants and the AK Steel Appellees... Overall, the Federal Circuit affirmed the judgment...

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Ironworks files new complaint against Apple asserting patents covering...

On Friday, October 6th, Chicago, IL-based intellectual property owner Ironworks Patents LLC filed a patent infringement case against Cupertino, CA-based consumer tech giant Apple Inc. in the District...

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The PTAB Continues to Break Patent Promises to the Detriment of Inventors

Surviving inventors are incredibly rare. I have met dozens of inventors with incredible discoveries whose naïve belief in the patent system have cost them way more than they have gained. They taught a...

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