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10 Important Points to Note When Filing a Utility Patent Application in the United States

By John Richards The inventor(s), the applicant (if not an inventor) and his or her attorney and others involved in preparation or prosecution of the application have a duty of candor in dealing with the United States Patent and Trademark Office (PTO), which is specifically set out in the declaration signed by the applicant. The duty includes a requirement to advise the PTO of any prior art or other facts known to the applicant which the...

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美国发明专利申请,你不得不知道的十个诀窍

By John Richards (约翰•理查德) with assistance from Maggie Wang (王东芳) 专利是创新的风向标,随着越来越多的企业走出国门,如何保护自己的知识产权,在国外申请专利,从而由“中国制造”到“中国智造”成为很多企业面临的问题。 John Richards是Ladas & Parry...

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Abstract idea not converted to patentable invention by performance on a computer; Must be applied in an inventive manner

Introduction Background The Supreme Court's Decision Abstract Idea Something Extra Conclusion Introduction In a unanimous decision on June 19, 2014 authored by Justice Thomas, the Supreme Court  in Alice Corp. v. CLS Bank Intl. held that an abstract idea did not become patent-eligible simply by performing that idea on a computer. In doing so, the Court held that to convert an unpatentable abstract idea or natural law into a...

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U.S. Supreme Court Reverses Court of Appeals for Federal Circuit Regarding the Standard for Inducement of Infringement

Background The Supreme Court Decision In its decision of June 2, 2014, in Limelight Networks Inc. v. Akamai Technologies Inc., the United States Supreme Court unanimously reversed an en banc decision of the Court of Appeals for the Federal Circuit which had held that different tests should be applied to liability for patent infringement of a method claim requiring actions by more than one party, depending on whether the defendant was accused...

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Protecting Inventions in Europe

The European Patent Office EPO - History Countries Belonging to the EPO Cost of Filing an EPO Patent Application Official Languages of the EPO Procedures Followed by the EPO EPO - Substantive Law 1. Novelty Rules 2. Statutory Subject Matter 3. New Matter Summary History The European Patent Office (EPO), with its headquarters in Munich, Germany, officially came into existence in 1977 when ten European states banded together to...

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Protecting Technology and Inventions Internationally

Overview from "Patents are of National Origin" The Paris Convention a. Claim to Priority b. Non Paris Convention Countries The Patent Cooperation Treaty a. The International Patent Application b. Qualified Applicants c. Chapter I d. Chapter II e. Search and Publication of the Invention under Chapter I f. Examiner's Review of the Invention under Chapter II Other International Agreements Overview from "Patents are of National Origin"...

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