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Business Law, Public Responsibility, and Ethics Commons

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Faculty Scholarship at Penn Law

Antitrust and Trade Regulation

2008

Standard Setting

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Patent Deception In Standard Setting: The Case For Antitrust Policy, Herbert J. Hovenkamp May 2008

Patent Deception In Standard Setting: The Case For Antitrust Policy, Herbert J. Hovenkamp

Faculty Scholarship at Penn Law

Many patent applications are rejected upon initial submission, but they are almost never rejected with absolute finality. Further, subsequent to filing its original application a patent applicant might wish to write an application with broader or somewhat different claims, or perhaps add claims that were not made in the original application. Or it may wish to rewrite claims that had been rejected in the original application. A patent "continuation" is an application for additional claims made on a patent that was previously applied for.

Under generally accepted patent practices in the United States, when a subsequent continuation or divisional application ...