Patent Act of 2005: Hearing Before the Subcommittee on Courts, the Internet, and Intellectual Property of the Committee on the Judiciary, House of Representatives, One Hundred Ninth Congress, First Session, on H.R. 2795, June 9, 2005U.S. Government Printing Office, 2005 - 82 Seiten |
Im Buch
Ergebnisse 1-5 von 12
Seite 10
... evidence further supports Mossinghoff's conclusion that the first to invent system is not working to the benefit of small enti- ties . " See Are the U.S. Patent Priority Rules Really Necessary ?, 54 Hastings Law Journal 1 ( 2003 ) ...
... evidence further supports Mossinghoff's conclusion that the first to invent system is not working to the benefit of small enti- ties . " See Are the U.S. Patent Priority Rules Really Necessary ?, 54 Hastings Law Journal 1 ( 2003 ) ...
Seite 11
... evidence , litigation over this issue especially pretrial discovery - can be extensive and time - consuming . Fur- ther , the best mode requirement provides only a marginal incentive for a patentee to disclose more information than is ...
... evidence , litigation over this issue especially pretrial discovery - can be extensive and time - consuming . Fur- ther , the best mode requirement provides only a marginal incentive for a patentee to disclose more information than is ...
Seite 15
... evidence . This is the same standard used during examination , and encourages use of the pre - grant procedure since the burden of proof is lower than that applied during litigation . Thus , con- sistent with this approach , we would ...
... evidence . This is the same standard used during examination , and encourages use of the pre - grant procedure since the burden of proof is lower than that applied during litigation . Thus , con- sistent with this approach , we would ...
Seite 16
... evidence that may be available for submission in the 9 month opposition period after the patent issues . CONCLUSION The U.S. patent system continues to be an essential driver of our nation's eco- nomic and technological success , but ...
... evidence that may be available for submission in the 9 month opposition period after the patent issues . CONCLUSION The U.S. patent system continues to be an essential driver of our nation's eco- nomic and technological success , but ...
Seite 33
... evidence in a pater nical , and the average juror has little Having decisions made by people who c evidence increases the uncertainty surro The combination of this uncertainty v of validity - the rule that patents must b less proven ...
... evidence in a pater nical , and the average juror has little Having decisions made by people who c evidence increases the uncertainty surro The combination of this uncertainty v of validity - the rule that patents must b less proven ...
Andere Ausgaben - Alle anzeigen
Häufige Begriffe und Wortgruppen
AIPLA American attorneys award Bayh-Dole Act benefit BERMAN bill California Chairman claims Committee Print companies CONGRESS THE LIBRARY continuation applications court damages duty of candor effective Federal Circuit fees filing GOODLATTE grant Griswold Gulbrandsen important independent inventors industry inequitable conduct injunctive relief innovation Intellectual Property invalid inventive step June 9 legislation LIBRARY OF CONGRESS limited LOFGREN non-obviousness obvious opposition proceeding ordinary skill parties Patent Act patent application patent examiner patent holder patent infringement patent law reform patent litigation Patent Office patent owner patent policy patent quality patent reform patent trolls post-grant opposition pre-grant prior art problem proposal protection provisions Public Patent Foundation quality patents Ravicher requirement SCHIFF second window sector SMITH standard setting organization Subcommittee subjective elements suggestion to combine Thank tion U.S. patent system university technology transfer USPTO valid patents WARF wrongly issued patents ZOE LOFGREN
Beliebte Passagen
Seite 31 - Congress shall have the power .... to promote the progress of science, and the useful arts, by securing for limited times to authors and inventors, the exclusive right to their respective writings and discoveries.
Seite 48 - Injunction The several courts having jurisdiction of cases under this title may grant injunctions in accordance with the principles of equity to prevent the violation of any right secured by patent, on such terms as the court deems reasonable.
Seite 72 - In any civil action under this title, the court in its discretion may allow the recovery of full costs by or against any party other than the United States or an officer thereof. Except as otherwise provided by this title, the court may also award a reasonable attorney's fee to the prevailing party as part of the costs.
Seite 69 - INVENTIVE STEP An invention shall be considered as involving an inventive step if, having regard to the state of the art, it is not obvious to a person skilled in the art.
Seite 13 - results suggest that willfulness claims are plaguing patent law. It seems unlikely that in 92% of the cases, the patentee had sufficient factual basis at the time the complaint was filed to allege that the defendant's infringement was willful." See Empirical Statistics on Willful Patent Infringement, 15 Fed. Cir. BJ 227 (2004). Additional problems arise from the Federal Circuit's opinion in Underwater Devices, Inc. v. Morrison-Knudsen Co., 717 F.2d 1380 (Fed. Cir. 1983). The decision speaks of an...
Seite 69 - A. patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains.
Seite 14 - These difficulties were not obviated by the en banc reconsideration of Knorr-Bremse Systeme Fuer Nutzfahrzeuge GmbH v. Dana Corp., 383 F.3d 1337 (Fed. Cir. 2004). While the Court did rule that it is inappropriate for the trier of fact to draw an adverse inference with respect to willful infringement when a defendant has not obtained legal advice or invokes the attorney-client privilege, the decision leaves untouched the duty of due care and the circumstances which give rise to such duty. AIPLA would...
Seite 11 - ... a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Seite 14 - This provision unconstitutionally undercuts the "exclusive rights of authors and inventors" granted under valid patents by allowing the courts to determine "equity" in considering "fairness of the remedy in light of all the facts and the relevant interest of the parties associated with the invention.
Seite 38 - Subcommittee on Courts, the Internet, and Intellectual Property Committee on the Judiciary House of Representatives The Honorable Vernon J.