37 C.F.R. §1.291 - Protests by the public against pending applications
| Cite as | 37 C.F.R. §1.291 |
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54 cases
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Hitachi Metals, Ltd. v. Quigg, Civ. A. No. 89-1340 SSH.
...37 C.F.R. § 1.56(h), the rules explicitly confine the participation of third parties in reissue proceedings to the filing of protests. 37 C.F.R. § 1.291.11 This PTO regulation implementing the Patent Statute's intent to limit third-party involvement in the patent examination process is enti......
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Dow Chemical Co. v. Exxon Corp., C.A. No. 96-584-SLR.
...reissue application Serial No. 08/305,631 ("the '631 reissue application"). In response, on June 27, 1995, Exxon filed a protest under 37 C.F.R. § 1.291(a) against the '631 reissue application, arguing that the claims of the '631 reissue application should be rejected on the basis of the ar......
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Henkel Corp. v. Coral, Inc., 89 C 3385.
...were in effect. For all applications filed after March 1, 1977, and until the Dann Amendments were revoked, the regulations (37 C.F.R. § 1.291) gave third parties full access to reissue applications and the right to enter written protests against them. Such written protests could include ci......
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Kothmann Enterprises, Inc. v. Trinity Industries, Civ.A. II-01-2668.
...No attention will be paid to any alleged oral promise, stipulation, or understanding in relation to which there is disagreement or doubt." 37 C.F.R. 12. However, the cases in which a failure to disclose litigation during a pending patent prosecution led to an inequitable conduct finding inv......
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15 firm's commentaries
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Intellectual Property Newsletter - September 2011
...of a pending patent application through several mechanisms -third party submissions (37 CFR §1.99 and MPEP §1131.04), protest (37 CFR §1.291 and MPEP §§1900-1920) and the Peer-to-Patent pilot program. Section 8 of The Leahy-Smith America Invents Act (the “Act”) amends 35 U.S.C. §122 to incl......
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Parallel Litigation And Inter Partes Review: Don't Forget About Reissue
...by submitting art and arguments for consideration by the examiner. The mechanism for accomplishing this is a third-party protest under 37 C.F.R. § 1.291. A protest may be filed by any member of the public against a pending reissue application. The protest may include any information that, i......
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Strategies For Preissuance Submissions In U.S. Patent Applications
...35 USC § 122 to provide for preissuance submissions, and the USPTO's implementing regulations are found in new 37 CFR § 1.290 and revised 37 CFR § 1.291. Key requirements and related strategies are outlined The Timing Requirements While preissuance submissions can be made in applications pe......
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Strategies for Preissuance Submissions in U.S. Patent Applications
...35 USC § 122 to provide for preissuance submissions, and the USPTO’s implementing regulations are found in new 37 CFR § 1.290 and revised 37 CFR § 1.291. Key requirements and related strategies are outlined The Timing Requirements While preissuance submissions can be made in applications pe......
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1 books & journal articles
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Risk Management
...§ 122(e) and 37 C.F.R. § 1.290. 140 European Patent Convention, Oct. 5, 1973, art. 115. 141 35 U.S.C. § 122(e). 142 Id. § 122(c); 37 C.F.R. § 1.291. zue59005_08_c08_329-392.indd 387 7/20/17 8:38 388 Patent Freedom to Operate Searches, Opinions, Techniques, and Studies able. If the deadlines......