Section
IP Analysts
The Duty of Candor and Good Faith Dealing Not Limited to Disclosing Prior Art
12 May 2016Anyone sufficiently involved with the prosecution of a patent application has a “duty of candor and good faith dealing with the [USPTO], which includes a duty to disclose to the Office all information known to that individual to be material to patent...
Correcting Inaccurate Chemical Formulas in Issued Patents Based upon Later Discoveries
13 April 2016Nobel laureate Frank Wilczek said, “If you don’t make mistakes, you’re not working on hard enough problems. And that’s a big mistake.” Because inventions often address difficult problems on the forefront of technology, some mistakes are inevitable. F...
The Importance of Filing a Patent Owner’s Preliminary Response in an Inter Partes Review
07 March 2016It can be a jarring experience for any US patent owner. One day, out of the clear blue sky, a Petition for Inter Partes Review (IPR) arrives on your desk alleging that at least one of your patent claims is invalid as being anticipated or obvious over...
Different Rights, Different Causes of Action
06 January 2016Malaysia's Federal Court recently, in the case between the National Sports Council (NSC) and Mesuma Sports Sdn Bhd (Mesuma), clarified the position as regards the requisites needed in determining the common law ownership rights in source identifiers.
Fallout from the 'Reasonable Certainty' Standard for Indefiniteness
06 January 2016Well-established law provided that a claim was only invalid on indefiniteness grounds pursuant to 35 U.S.C. § 112, second paragraph, if it was not “amenable to construction” or “insolubly ambiguous.” Exxon Research & Eng’g Co. v. United States, 265 F...
Understanding Patent Abandonment Rules in Indonesia
16 December 2015When a patent owner desires to abandon a patent, usually they simply do so by non-action, i.e. by stopping payment of the annuity fees. However, the same may not be true in Indonesia, and this has now become one of the most debated subjects among IP...