Inter Partes Reexamination
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Inter Partes Reexamination
In United States patent law, a reexamination is a process whereby anyone—third party or inventor—can have a U.S. patent reexamined by a patent examiner to verify that the subject matter it claims is patentable. To have a patent reexamined, an interested party must submit prior art, in the form of patents or printed publications, that raises a "substantial new question of patentability". The Leahy-Smith America Invents Act makes substantial changes to the U.S. patent system, including new mechanisms for challenging patents at the U.S. Patent and Trademark Office. One of the new mechanisms is a post-grant review proceeding, which will provide patent challengers expanded bases on which to attack patents. Process A request for a reexamination can be filed by anyone at any time during the period of enforceability of a patent. To request a reexamination, one must submit a "request for reexamination" which includes (1) a statement pointing out each "substantial new question of p ...
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United States Patent Law
Under United States law, a patent is a right granted to the inventor of a (1) process, machine, article of manufacture, or composition of matter, (2) that is new, useful, and non-obvious. A patent is the right to exclude others, for a limited time (usually, 20 years) from profiting of a patented technology without the consent of the patent-holder. Specifically, it is the right to exclude others from: making, using, selling, offering for sale, importing, inducing others to infringe, applying for an FDA approval, and/or offering a product specially adapted for practice of the patent. United States patent law is codified in Title 35 of the United States Code, and authorized by the U.S. Constitution, in Article One, section 8, clause 8, which states: Patent law is designed to encourage inventors to disclose their new technology to the world by offering the incentive of a limited-time monopoly on the technology. For U.S. utility patents, this limited-time term of patent i ...
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Patent Application Information Retrieval
Patent Application Information Retrieval (PAIR) is an online service provided by the United States Patent and Trademark Office to allow users to see the prosecution histories of United States patents and patent applications and obtain copies of documents filed therein. There are two services: Public PAIR, which allows the general public to access information regarding patents and published applications; and Private PAIR, which allows authorized persons to access information regarding applications regardless of publication status. Displayed tabs When a patent application is accessed through PAIR, the following tabs are displayed: * Select New Case, to go to a different patent or application * Application Data (default), showing bibliographic data about the application * Transaction History, showing a list of transactions in the prosecution history * Image File Wrapper, from which PDF copies of documents in the prosecution history may be downloaded * Continuity Data * Foreign Priori ...
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Scire Facias
In English law, a writ of ''scire facias'' (Latin, meaning literally "make known") was a writ founded upon some judicial record directing the sheriff to make the record known to a specified party, and requiring the defendant to show cause why the party bringing the writ should not be able to cite that record in his own interest, or why, in the case of letters patent and grants, the patent or grant should not be annulled and vacated. In the United States, the writ has been abolished under federal law but may still be available in some state legal systems. History The writ of ''scire facias'' was created in 1285 during the 13th year of the reign of Edward I by the English Parliament in the Second Statute of Westminster. The writ of ''quo warranto'' was created during this same period. Procedure Proceedings ''in scire facias'' were regarded as a form of action, and the defendant could plead his defense as in an action. They were analogous to ''quo warranto'' proceedings. In 1684 ...
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Opposition Procedure Before The European Patent Office
The opposition procedure before the European Patent Office (EPO) is a post-grant, contentious, ''inter partes'', administrative procedure intended to allow any European patent to be centrally opposed. European patents granted by the EPO under the European Patent Convention (EPC) may be opposed by any person from the public (no commercial or other interest whatsoever need be shown). This happens often when some prior art was not found during the grant procedure, but was only known by third parties. An opposition can only be based on a limited number of grounds,"The function of Article 100 EPC is to provide, within the framework of the EPC, a limited number of legal bases, ie a limited number of objections on which an opposition can be based." iDecision G 1/95 (19 July 1996) reasons 4.1. i.e. on the grounds that the subject-matter of the patent is not patentable, that the invention is insufficiently disclosed, or that the content of the patent extends beyond the content of the app ...
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Interference Proceeding
An interference proceeding, also known as a priority contest, is an inter partes proceeding to determine the priority issues of multiple patent applications. It is a proceeding unique to the patent law of the United States. Unlike in most other countries, which have long had a first-to-file system, until the enactment of the Leahy-Smith America Invents Act (AIA) in 2011, the United States operated under a first-to-invent. The interference proceeding determines which of several patent applications had been made by the first inventor. The AIA switched the US to a first-to-file regime effective March 16, 2013, and interferences apply only to patent applications with an effective filing date prior to that change. Definition An interference proceeding is an administrative proceeding conducted by a panel of administrative patent judges (administrative law judges sitting on the Board of Patent Appeals and Interferences) of the United States Patent and Trademark Office (USPTO) to det ...
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Patent Infringement
Patent infringement is the commission of a prohibited act with respect to a patented invention without permission from the patent holder. Permission may typically be granted in the form of a license. The definition of patent infringement may vary by jurisdiction, but it typically includes using or selling the patented invention. In many countries, a use is required to be ''commercial'' (or to have a ''commercial'' purpose) to constitute patent infringement. The scope of the patented invention or the extent of protection is defined in the claims of the granted patent. In other words, the terms of the claims inform the public of what is not allowed without the permission of the patent holder. Patents are territorial, and infringement is only possible in a country where a patent is in force. For example, if a patent is granted in the United States, then anyone in the United States is prohibited from making, using, selling or importing the patented item, while people in other co ...
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Kentucky
Kentucky ( , ), officially the Commonwealth of Kentucky, is a state in the Southeastern region of the United States and one of the states of the Upper South. It borders Illinois, Indiana, and Ohio to the north; West Virginia and Virginia to the east; Tennessee to the south; and Missouri to the west. Its northern border is defined by the Ohio River. Its capital is Frankfort, and its two largest cities are Louisville and Lexington. Its population was approximately 4.5 million in 2020. Kentucky was admitted into the Union as the 15th state on June 1, 1792, splitting from Virginia in the process. It is known as the "Bluegrass State", a nickname based on Kentucky bluegrass, a species of green grass found in many of its pastures, which has supported the thoroughbred horse industry in the center of the state. Historically, it was known for excellent farming conditions for this reason and the development of large tobacco plantations akin to those in Virginia and North Carolina i ...
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Scottsville, Kentucky
Scottsville is a home rule-class city in Allen County, Kentucky, in the United States. It is the seat of its county. The population was 4,226 during the 2010 U.S. Census. History The site along Bays Fork was settled in 1797 and developed into a stagecoach station. The town was laid off in 1816 and established the next year. It was named for Kentucky's 4th governor, Charles Scott. In the early 19th century, it was also known as Allen Court House and Scottville.Rennick, Robert. ''Kentucky Place Names''p. 266 University Press of Kentucky (Lexington), 1987. Accessed 1 August 2013. Scottsville was the birthplace of what would become the Dollar General nationwide chain of 15,000 stores, with J. L. Turner and his son Cal Turner Sr. opening their first department store there in 1945. In 1955, the Turners began to open more stores, and, in 1968, founded Dollar General Corporation or DOLGEN Corp. Geography Scottsville is located at (36.751504, -86.192692). According to the United ...
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The J
J is the tenth letter of the Latin alphabet. J may also refer to: * Palatal approximant in the International Phonetic Alphabet * J, Cyrillic letter Je Astronomy * J, a provisional designation prefix for some objects discovered between May 1 and 15 of a year Computing * J (programming language), successor to APL * J# programming language for the Microsoft .NET Framework * J operator, a programming construct * J (operating system), an operating system for ICL's System 4 series of computers Genetics and medicine * Haplogroup J (mtDNA) * Haplogroup J (Y-DNA) * ATC code J ''Antiinfectives for systemic use'', a section of the Anatomical Therapeutic Chemical Classification System Mathematics * J, symbol used to denote the Bessel function * ''j'', used as the symbol for the imaginary unit (\sqrt) in fields where ''i'' is used for a different purpose (such as electrical current) * ''j'' and ''j2'' (or \bar) are also used for the complex cube roots of unity * ''j'', a numb ...
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Sealed Crustless Sandwich
A sealed crustless sandwich is a foodstuff comprising a filling sealed between two layers of bread by a crimped edge, with the crust subsequently removed. A popular variety in the United States is peanut butter and jelly. Sealed crustless sandwiches are mass-produced by The J. M. Smucker Company under the brand name "Uncrustables". The United States Patent and Trademark Office has issued a number of patents for various versions of sealed crustless sandwiches. These include , , and . The 6004596 patent has been especially controversial since, according to critics, it patents an obvious and well known concept. On September 25, 2007, the Patent and Trademark Office concluded a reexamination of the 6004596 patent and issued a certificate cancelling all claims.Se and request PAIR entry for Reexamination Control Number 90/005949). The sandwich has been loosely categorized as a dumpling or ravioli because of its crimping, usually in a humorous fashion analogous to a Pop-Tart bein ...
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State Street Bank V
State may refer to: Arts, entertainment, and media Literature * '' State Magazine'', a monthly magazine published by the U.S. Department of State * ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States * ''Our State'', a monthly magazine published in North Carolina and formerly called ''The State'' * The State (Larry Niven), a fictional future government in three novels by Larry Niven Music Groups and labels * States Records, an American record label * The State (band), Australian band previously known as the Cutters Albums * ''State'' (album), a 2013 album by Todd Rundgren * ''States'' (album), a 2013 album by the Paper Kites * ''States'', a 1991 album by Klinik * ''The State'' (album), a 1999 album by Nickelback Television * ''The State'' (American TV series), 1993 * ''The State'' (British TV series), 2017 Other * The State (comedy troupe), an American comedy troupe Law and politics * State (polity), a centralized political organizati ...
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Business Method Patent
Business method patents are a class of patents which disclose and claim new methods of doing business. This includes new types of e-commerce, insurance, banking and tax compliance etc. Business method patents are a relatively new species of patent and there have been several reviews investigating the appropriateness of patenting business methods. Nonetheless, they have become important assets for both independent inventors and major corporations. Background In general, inventions are eligible for patent protection if they pass the tests of patentability: patentable subject matter, novelty, inventive step or non-obviousness, and industrial applicability (or utility). A business method may be defined as "a method of operating any aspect of an economic enterprise". History France On January 7, 1791, France passed a patent law that stated that "Any new discovery or invention, in all types of industry, is owned by its author...". Inventors paid a fee depending upon the desired ...
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