Author: Bryan Jerutis

Cardinal Intellectual Property (CIP) representatives Ron Andermann and Les Williams attended the AIA roadshow on March 7th at the Chicago Public Library. The USPTO explained its proposed rules for various new provisions required under the AIA including supplemental examination, inter partes review, and post grant...

Inequitable conduct is an equitable defense to patent infringementii. Intent and materiality must be separately establishediii. The standard for the materiality required to establish inequitable conduct is “but-for” materialityiv. Therefore, the defendant must prove inequitable conduct by clear and convincing evidence that the patent applicant...

Third-Party Art Submission for Pre-grant Review For the first time in the history of U.S. patent law, the AIA now allows third parties to submit relevant materials to patent examiners in any given examination. Submission of proposed prior art helps examiners determine whether the innovation in...

Small entity status became law through Public Law 97-247, when the USPTO increased patent fees and allowed small businesses a discount. Congress authorized the Small Business Act (SBA) to define the small entity entitled to get the discount. In establishing reduced fees for persons, small...