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The Complicated Relationship Of Patent Examination And Invalidation, Gregory Reilly
The Complicated Relationship Of Patent Examination And Invalidation, Gregory Reilly
American University Law Review
The conventional view is that the Patent Office examines patent applications before issuance to assure compliance with the statutory criteria of patentability. Ex post invalidation in district court litigation or Patent Office cancellation proceedings then reviews the Patent Office’s work to correct errors that result from the Patent Office’s shortcomings, bias, or “rational ignorance” that limits resources spent on examination because of the irrelevance of most patents. Scholars, the Federal Circuit, and the Supreme Court have all endorsed this conventional view. However, it is wrong—or at least overly simplistic. The American patent system is only partially a system of ex …
2019 Patent Law Decisions Of The Federal Circuit, Sanya Sukduang, Nicholas Doyle, Sydney Kestle, Yoonhee Kim, John Nappi
2019 Patent Law Decisions Of The Federal Circuit, Sanya Sukduang, Nicholas Doyle, Sydney Kestle, Yoonhee Kim, John Nappi
American University Law Review
No abstract provided.
2019 Trademark Law Decisions Of The Federal Circuit, Stephanie H. Bald, Sara Copeland Parker
2019 Trademark Law Decisions Of The Federal Circuit, Stephanie H. Bald, Sara Copeland Parker
American University Law Review
No abstract provided.