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New PatentlyO L.J. Article: The AIA at Ten – How Much Do the Pre-AIA Prior Art Rules Still Matter?

Patently-O

Though patents filed before the transition date will remain in force up through March 2033, a good 10+ years away, teachers may also be wondering which regime to emphasize and for how long the pre-AIA rules will still be considered fundamental rather than footnote material. 2021 Patently-O Patent Law Journal 34.

Art 125
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New PatentlyO L.J. Article: The AIA at Ten – How Much Do the Pre-AIA Prior Art Rules Still Matter?

Patently-O

Though patents filed before the transition date will remain in force up through March 2033, a good 10+ years away, teachers may also be wondering which regime to emphasize and for how long the pre-AIA rules will still be considered fundamental rather than footnote material. 2021 Patently-O Patent Law Journal 34.

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Some Concerns about the Amendment Process to Key Patent Levers: A “Captured” Patent Office?

SpicyIP

Pre-Grant Opposition The first proposal relates to amending the pre-grant opposition mechanism, which allows patent applications to be opposed before the Patent Office officially “grants” the patent. From a policy perspective, pre-grant oppositions are excellent policy.

Patent 52
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DABUS Again Denied in the US and the UK, Part II – the Split Decision in the UK

LexBlog IP

Lord Justice Arnold and Lord Justice Birss disagreed on the outcome, with the tie being broken by Lady Justice Elisabeth Laing, agreeing with Arnold LJ that the DABUS applications should be deemed withdrawn. Arnold LJ is the preeminent patent law specialist on the Court of Appeal.

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Federal Circuit Requires Prior Art Be Analogous for Anticipation of Design Patents

LexBlog IP

On top of these benefits, the Federal Circuit recently provided another benefit to design patent applicants. In a unanimous precedential opinion, the panel decision of In re: Surgisil, LLP significantly narrowed the field of prior art that can be used to invalidate a design patent as anticipated. [5]. 2008) (en banc).

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Federal Circuit Requires Prior Art Be Analogous for Anticipation of Design Patents

IP Intelligence

On top of these benefits, the Federal Circuit recently provided another benefit to design patent applicants. In a unanimous precedential opinion, the panel decision of In re: Surgisil, LLP significantly narrowed the field of prior art that can be used to invalidate a design patent as anticipated. [5]. 2008) (en banc).

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Defending Design Patents

Patently-O

In our new paper, The Truth About Design Patents , we debunk three widely held—but incorrect—views about U.S. design patents. Taken together, these myths paint a grim picture of design patents: Half of all design patent applications are rejected. Most asserted design patents are invalidated in litigation.