Posts Tagged: secret prior art
The patent system will survive, but not thrive over the short term
Bruce Kisliuk: ''Those with more resources have some advantages in any litigation. That’s one reason a patent right is important, it can level that playing field …
The Myth of the 18-Month Delay in Publishing Patent Applications
Starting in November 2000, the USPTO started publishing patent applications 18 months after their earliest filing date. So the simple assumption is that you file a patent and 18 months …
Exclusive Interview with Steve Kunin, Part 2
On May 6, 2013, I sat down with Steve Kunin and we discussed a wide range of patent issues. In Part 1 of the interview we discussed the new post …
A Patent Conversation with Steve Kunin
Steve Kunin is the head of Oblon's Post Grant Patent Proceedings practice group, and is also on the firm's Management Committee. He is also a friend. For …
A Brave New Patent World – First to File Becomes Law
There are some exceptions whereby a person who files second can still prevail, but those exceptions are infinitesimally insignificant, and the law surrounding the parameters of the …
CAFC Rules “Secret Prior Art” Requires Only Appreciation that Invention Made in Teva Pharmaceutical*
The doctrines of “secret prior art” and “inherency” both merged in the case Teva Pharmaceutical Industries Ltd. v. AstraZeneca Pharmaceuticals LP to surprise, and unpleasantly upend the …