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

Category Archives: Prior Art

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Has The Fat Lady Sung? Is Patent Reform Imminent?

Posted in Anticipation, IP, Obviousness, Patents, Prior Art

For years, the U.S. has talked about substantially overhauling U.S. patent law so that it conforms with how most of the rest of the world approaches patent rights. Now, it might become a reality. Yesterday, the Senate overwhelmingly passed patent reform legislation, which if signed, will have the greatest effect on patent law in the… Continue Reading

Why Can’t We Practice Our Own Patent?

Posted in IP, Patents, Prior Art

This is a common question.  Just because your company owns a patent doesn’t necessarily mean that you can practice what is covered by the patent. Sound crazy? It’s true. A patent is a negative right. Generally speaking, a patent gives the owner the right to preclude others from making, using, selling, offering for sale and/or… Continue Reading

Inequitable Conduct Standard Clarified

Posted in Patents, Prior Art

Yesterday, the Federal Circuit clarified the standard for proving inequitable conduct in patent infringement cases in its Therasense, Inc. decision. Similar to how it addressed the burden of proof for fraud on the USPTO in the trademark context, the Court adopted a heightened standard for proving inequitable conduct. Here are several points to consider: it… Continue Reading