Education Center

Author: John Richards | Co-Author: 翻译:智合东方 | Category: | Tags: ,

美国的专利制度,路在何方

最近,我的一个中国学生说,“过去我们觉得世界专利法领域的领先国家是美国,现在人们认为是中国。”尽管这种观点可能带有民族自豪感的色彩,却也提出了一个问题,即美国的专利制度正走向何方。一直以来,我们都在保护和反对专利中间摇摆不定。在二十年的周期性循环中,极端提倡和反对专利的情况都可能会出现。几乎没人会否...

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Author: John Richards | Category: | Tags: , , , , ,

The Federal Circuit Reviews Patent Trial and Appeal Board Decisions on Inter Partes Review

There are now three decisions of the Federal Circuit on appeals from the Patent Trial and Appeal Board (PTAB) on inter partes reviews: In re Cuozzo Speed Technologies LLC Belden Inc. v. Berk-Tek LLC and Microsoft Corporation v. Proxyconn Inc. Between them they shed some light on two of the most controversial issies relating to inter partes review: the use of the broadest reasonable interpretation of the claims in these...

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Rights of Co-Owners to License Patent Rights

It is sometimes tempting when entering into a joint research agreement to agree that both parties will jointly own any patent rights arising from the collaboration. However, unless the rights of each party are clearly set out in the agreement, this can lead to complications and may be dangerous. United States In the United States, 35 USC 262 provides that in the absence of an agreement to the contrary, each joint owner of a patent may...

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