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IP & Regulatory Law Blog Reflections of a former regulator on FTC and IP issues

Monthly Archives: March 2012

Submarines On The Horizon?

Posted in Patents

Patently O has recently reported that there could be over 200 pending patent applications that have filing dates that pre-date June 8, 1995.  See l.  Why should you care? If these patent applications mature into patents, they will have a term of 17 years from issuance.  As Patently O points out, they could be quite valuable… Continue Reading

Intervening Or Disappearing Rights?

Posted in Patents

Last week, the Federal Circuit, sitting en banc, gave a shot in the arm to patentees with regard to the “intervening rights” doctrine in its Marine Polymer Technologies, Inc. decision.  The Court confirmed that “intervening rights” (which limits a patentee’s ability to recover for past damages) only apply when there are new or amended patent claims as a… Continue Reading

Beware Of The IDS Trap

Posted in Patents

Sometimes during the patent process, inventors will perform their own searches of non-patent literature (NPL).  While they are just trying to advance their applications, they may have just incurred a large, unexpected cost.   Most inventors understand that they have a duty to provide all known, material, non-cumulative prior art to the USPTO during the patent process. In the… Continue Reading