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Patent Truth and Consequence: File First Even in the U.S.

The date of invention relates to your conception. This is true whether you are engaging in an interference proceeding seeking to obtain a claim instead of another who is also seeking the claim, or you...

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Patent Reform in the House. Demagoguing of First to File?

I think those that are against first to file are really most worked up about the loss of the across the board grace period for the statutory bar. If the problem is with the grace period let's talk...

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Keeping a Good Invention Notebook

Even when we switch to first to file inventors will still in some cases need to be able to detail when they conceived of various aspects of their invention if they are going to attempt to rely upon the...

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Federal Circuit Rejects ‘Swearing Behind’ as Insufficient Under Rule 131

The issue on appeal was whether Applicants antedated the ‘560 reference in accordance with Rule 131. A patent applicant bears the burden of establishing “reduction to practice prior to the effective...

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