Sentences with phrase «during prosecution»

These developments also put pressure on patent agents to be careful with amendments and arguments made during the prosecution process.

There, [the patentee] would likely not have been allowed to argue a claim construction that attempts to recapture ground conceded during prosecution of the patent application to avoid prior art.

Consistent with the Federal Court of Appeal's reluctance to review procedural actions of the Patent Office during prosecution once a patent has successfully issued, more recent decisions on fees further support the court's somewhat benevolent attitude in working to avoid invalidating applications and issued patents for what may be considered «technical violations».

There, SG would likely not have been allowed to argue a claim construction that attempts to recapture ground conceded during prosecution of the patent application to avoid prior art.

The solution to the problem of patent trolls is as simple as it is difficult to implement; more rigorous examination of patent applications, clarification and limitations of claims during prosecution, and increased use by the courts themselves (rather than the parties in litigation) of expert witnesses who can inform the court of the state of the art, and what implied limitations of the original invention should be considered by the court.

«This was bribery, this was extortion,» Assistant U.S. Attorney Andrew Goldstein told jurors in the federal corruption trial of former Assembly Speaker Silver during the prosecution's closing arguments.

The USPTO has also reduced the filing fee for an application filed using the regular TEAS application form from $ 325 to $ 275 per class if the applicant authorizes email communication and agrees to file all responses and other specified documents electronically during the prosecution of the application.

After weeks of testimony about bank loans and allegations of securities - related fraud, the courtroom spectator section during prosecution arguments filled up once more — to the point where court security officers began sending spectators to an overflow courtroom.

Bharara, who was rebuked by a federal judge in April for a «media blitz» following the arrests of Silver and Skelos, maintained a relatively low profile during the prosecution of Silver and Skelos.

EAMTs work with local law enforcement to provide expert testimony during the prosecution of cases.

[150] To be clear, the concept of abandonment in paragraph 73 (1)(a) operates during the prosecution of the application for a patent.

Important reasons for judgement were released today by the BC Court of Appeal (MacKenzie v. Rogalasky) addressing an unsettled area of law, whether interest charges on disbursements incurred during the prosecution of an injury lawsuit could be recovered.

I believe it would be very, very hard for Samsung to obtain a favorable claim construction in the U.S. given what its patent attorneys stated during prosecution.

Amendments to the documents defining scope of protection during prosecution are not working to the advantage of the party which makes them.

As a result of the decision, parties challenging the validity of an issued Canadian patent may no longer point to a lack of good faith when responding during the prosecution process as a basis of invalidity.

Because of this constraint, the Office has set forth rules for motions to amend that account for the absence of an independent examination by the Office where a prior art search is performed as would be done during prosecution, reexamination, or reissue.

If a first filing is made without enough data, it could be more vulnerable to refusal during prosecution or the patent exposed to revocation after grant, resulting in a loss of protection.

The court noted that, «[o] ver time, prosecution disclaimer has become a fundamental precept in our claim construction jurisprudence, which promotes the public notice function of the intrinsic evidence and protects the public's reliance on definitive statements made during prosecution.»

Also in the last couple of years, Justice Mosley, in NOV Downhole Eurasia Limited v. TLL Oil Field Consulting, 2014 FC 889, considered whether a pleading ought to be struck that referred to the file history to defend against infringement arguing that a feature added during prosecution and appearing in each of the claims did not exist in their device.

As regular readers of this blog know, I advocate using the USPTO's Manual of Patent Examining Procedure (MPEP) as primary authority during prosecution.

Weatherford v Corlac 2011 FCA 228 («Weatherford») supports the position that an issued patent can not be retroactively attacked based on procedural (and arguably substantive) challenges during prosecution.

Consistent with Weatherford, earlier decisions had demonstrated a reluctance to allow 3rd parties to «interfere» during prosecution by seeking judicial intervention at the time (as opposed to retroactively / post issuance as in Weatherford).

The primary basis for this conclusion was the 2011 decision of the Federal Court of Appeal in Corlac Inc v Weatherford Canada Inc., 2011 FCA 228 which in the relevant portion focused on statements made by an applicant to the patent office during prosecution.

Novartis was able to substantially amend its claims during prosecution (and thereby «fix» its description given the significance of narrower claims in its issued patent).

During prosecution of patent applications, an applicant can try to avoid later issues of double patenting by amending the claims of the divisional application to avoid overlap with the parent application.

During the prosecution's rebuttal, Assistant U.S. Attorney Jason Masimore compared the elder Skelos» power as majority leader to a poem in Shel Silverstein's «Where the Sidewalk Ends,» titled «Gorilla.»

During the prosecution's rebuttal, Assistant U.S. Attorney Jason Masimore said Bonomo and Dorego had similar stories because «they experienced the Skelos shakedown playbook.»

During prosecution, the applicant had argued that the word continuous served to distinguish the invention from the prior art.

In the IPR, the PTAB concluded that during prosecution the applicant disclaimed specific fuel injection system elements.

An issued patent would be subject to retroactive scrutiny by the courts in relation to the submissions made by an applicant to the Patent Office during prosecution (generally many years prior), judged against unknown criteria.