Reexamination
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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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USPTO
The United States Patent and Trademark Office (USPTO) is an agency in the U.S. Department of Commerce that serves as the national patent office and trademark registration authority for the United States. The USPTO's headquarters are in Alexandria, Virginia, after a 2005 move from the Crystal City area of neighboring Arlington, Virginia. The USPTO is "unique among federal agencies because it operates solely on fees collected by its users, and not on taxpayer dollars". Its "operating structure is like a business in that it receives requests for services—applications for patents and trademark registrations—and charges fees projected to cover the cost of performing the services tprovide . The Office is headed by the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, a position last held by Andrei Iancu until he left office on January 20, 2021. Commissioner of Patents Drew Hirshfeld is performing the functi ...
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United States Patent And Trademark Office
The United States Patent and Trademark Office (USPTO) is an agency in the U.S. Department of Commerce that serves as the national patent office and trademark registration authority for the United States. The USPTO's headquarters are in Alexandria, Virginia, after a 2005 move from the Crystal City area of neighboring Arlington, Virginia. The USPTO is "unique among federal agencies because it operates solely on fees collected by its users, and not on taxpayer dollars". Its "operating structure is like a business in that it receives requests for services—applications for patents and trademark registrations—and charges fees projected to cover the cost of performing the services tprovide . The Office is headed by the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, a position last held by Andrei Iancu until he left office on January 20, 2021. Commissioner of Patents Drew Hirshfeld is performing the func ...
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Manual Of Patent Examining Procedure
The ''Manual of Patent Examining Procedure'' (MPEP) is published by the United States Patent and Trademark Office (USPTO) for use by patent attorneys and agents and patent examiners. It describes all of the laws and regulations that must be followed in the examination of U.S. patent applications, and articulates their application to an enormous variety of different situations. The MPEP is based on Title 37 of the Code of Federal Regulations, which derives its authority from Title 35 of the United States Code, as well as on case law arising under those titles. The first version of the MPEP was published in 1920 by the Patent and Trademark Office Society. The MPEP is used extensively by patent attorneys and agents to help make sure they and Examiners follow the proper USPTO regulations. The USPTO registration examination tests knowledge of the MPEP and the underlying laws and regulations. The MPEP is available in both PDF and HTML versions. The current version of the MPEP ...
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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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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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Inter Partes
''Inter partes'', Latin for "between the parties",Duhaime Legal Dictionary
Accessed July 3, 2008. is a law term that can be distinguished from , which refers to a legal action whose jurisdiction is based on the control of property, or , which refers to a legal action that is by a single party. s (or actions in executive agencies) in which all interested parties have been served with adequate no ...
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Ex Parte
In law, ''ex parte'' () is a Latin term meaning literally "from/out of the party/faction of" (name of party/faction, often omitted), thus signifying "on behalf of (name)". An ''ex parte'' decision is one decided by a judge without requiring all of the parties to the dispute to be present. In English law and its derivatives, namely Australian, New Zealand, Canadian, South African, Indian, and U.S. legal doctrines, ''ex parte'' means a legal proceeding brought by one party in the absence of and without representation of or notification to the other party. The term is also used more loosely to refer to improper unilateral contacts with a court, arbitrator, or represented party without notice to the other party or counsel for that party. The phrase was common in the titles of ''habeas corpus'' and judicial review cases until the end of the twentieth century, because those cases were originally brought by the Crown on behalf of the claimant. In Commonwealth common law jurisdictio ...
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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 d ...
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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 Carolin ...
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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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