PATENT LAW UPDATE RUSSIAN FEDERATION: The Hague Agreement is designed to facilitate the protection of industrial designs in multiple countries or regions by allowing applicants to file a single application in a single language (English, French or Spanish). The Hague Agreement was first adopted in 1925,...
PATENT LAW UPDATE Cayman Islands (KY) (BRITISH OVERSEAS TERRITORIES)1: The Patents and Trade Marks (Amendment) Law 2016 is expected to come into force in the first half of 2017, and will maintainthe status quo for patents while paving the way for a new trademarks law. The...
The Patent Cooperation Treaty (PCT) is an international agreement that simplifies the filing of patent applications in its contracting States. A PCT application has the effect of a national application for a patent in any of the designated PCT States. International applicants receive an International...
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...
In January 2012, Cardinal received a ten-year contract renewal from the United States Patent and Trademark Office (USPTO) to perform Patent Cooperation Treaty (PCT) search services. The original contract was awarded in 2006. Cardinal is the only company to have provided search services in all technology areas for...
Consistent with that intent and to fulfill the constitutional mandate “to promote the Progress of Science and the useful Arts,’ Congress defined the patentable subject matter under 35 USC § 101 as “whoever invents or discovers any new and useful process, machine, manufacture, or composition...
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...
On September 16, 2011, President Obama signed the AIA into law to bring the patent system into the 21st century. Several key provisions of the AIA went into effect at the one-year anniversary, September 16, 2012: Inventors/Applicants: Effective from September 16, 2012, applications may be filed...