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Category: Best mode


Protecting Your Nanotechnology Inventions - Part 4: Don’t Forget About Trade Secret Protection
December 31, 2018
Post by Jonathan L. Kennedy
When you have a new invention, the right question to ask at the outset is whether you want to consider patenting it. This is important because many common activities in research and commercialization can create a bar to patent protection or at least start a one-year clock by which a patent must be filed. Some of these common activities include presenting or publishing on the technology, testing the techn.......
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Section 121 safe harbor applies only to divisional, not continuation-in-part; later patent invalid
March 12, 2008
Post by Blog Staff
In a decision last week, the Federal Circuit construed the scope of § 121's allowances for subsequent patent applications directed toward nonelected inventions in response to a restriction requirement. There were three patents at issue, one directed to pharmaceutical compounds, one to compositions containing those compounds, and a third covering methods of suing the compounds. The method of use patent .......
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"Ordinary creativity" of one of ordinary skill in the art used to show claims not indefinite
October 15, 2007
Post by Blog Staff
In a decision today the Federal Circuit held that the district court had incorrectly determined that AllVoice Computing PLC's patent was invalid for indefiniteness and failure to meet the best mode requirement. In reaching its decision, the Federal Circuit determined that the lower court had used the prosecution history of the patent to interpret the claims too narrowly and that the alleged best mode violatio.......
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The attorneys of McKee, Voorhees & Sease, P.L.C. designed this blog as an informational and educational resource about intellectual property law for our clients, other attorneys, and the public as a whole. Our goal is to provide cutting-edge information about recent developments in intellectual property law, including relevant case law updates, proposed legislation, and intellectual property law in the news.

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