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Articles 1 - 3 of 3
Full-Text Articles in Law
Appealing A Rejection At The Patent Board Of Appeals: Analysis Of Recent Board Decisions And Non-Appeal Alternatives, Susan Perng Pan
Appealing A Rejection At The Patent Board Of Appeals: Analysis Of Recent Board Decisions And Non-Appeal Alternatives, Susan Perng Pan
Richmond Journal of Law & Technology
This article discusses the merits of appealing rejections to the Board of Patent Appeals in comparison to continued ex parte prosecution before the Examiner. The analysis takes into account recent decisions rendered by several patent panels and recent precedent of the Court of Appeals for the Federal Circuit. Recommendations are offered to place claims in better condition for appeal and for the types of arguments to be made, as well as to guard against potential pitfalls during prosecution.
Rethinking Reexamination Reform: Is It Time For Corrective Surgery, Or Is It Time To Amputate?, Kristen Jakobsen Osenga
Rethinking Reexamination Reform: Is It Time For Corrective Surgery, Or Is It Time To Amputate?, Kristen Jakobsen Osenga
Law Faculty Publications
Reexamination was introduced as a mechanism for curing potentially invalid patents, as an antidote to the public's and the judiciary's lack of confidence in the PTO and the patent system in general. Instead of a curative fix, however, the reexamination provisions are more akin to a diseased or lame leg on the body of U.S. patent law. Reexamination fails to support the burden of public confidence it was intended to carry. It does not act in harmony with other limbs on the body of patent law or with other bodies of U.S. or foreign law. Over the years, Congress has …
How Dewey Classify Oclc's Lawsuit, Roger V. Skalbeck
How Dewey Classify Oclc's Lawsuit, Roger V. Skalbeck
Law Faculty Publications
In order to understand the nature of the rights asserted here, it is important to properly classify the Dewey Decimal lawsuit. To these ends, this article presents analysis aimed to better define its scope and legal framework. This is not an analysis of the merits of the claims, let alone a prediction as to the outcome. The issues are considered in the following three sections. In closing, I offer a lighthearted suggestion as to how this suit might be resolved outside of litigation or settlement.