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The top 10 misconceptions of life-science patents

Over the last 15 years in patent law, I have encountered many misconceptions about the process of obtaining and enforcing U.S. patents that cover life-science inventions.

The following is a list of some of the most common and most important misconceptions, surrounded by reality. Like most legal analysis, there are exceptions to any rule or guideline. I'm hop......

Full article >>> st prior art is always made of record.

Reality # 3: As a corollary to the second misconception, the reality is that the quality of the prior art search and examination varies significantly from one examiner to the next. At the end of the day, it really is the applicant's ultimate responsibility to ensure that all of the best prior art is of record, that the claims are......

Full article >>> to an office action rejecting or objecting to the application, an inventor may submit a Rule 132 declaration containing data and other information pertaining to the invention. The data and other information then become part of the application. More commonly, data and other information may be added to the specification of the parent application and filed as a Continuation-In-Part (CIP) application.......

Full article >>> s.

Reality # 10: Infringers infringe claims, not the specifications. However, fewer claims will be needed if they are well-drafted and strategic. During litigation, you can never have enough valid claims. The cost of litigating patents is enormous and growing. In comparison, the cost of obtaining additional claims is "de minimus." Numerous strategic claims also can be an effective ......

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Source:wistechnology.com By Christopher Rogers 07/22/06


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