Legal Tip of the Week
Intellectual Property
Recently Enacted Patent Law Changes
by Jacob N. (Jesse) Erlich, Partner
Perkins, Smith & Cohen, LLP
One Beacon Street 30th Floor
Boston, MA 02108
617.854.4000
jacob_erlich@pscboston.com
On November 29, 1999 President Clinton signed into law a number of patent law reforms which are now
in effect. More specifically, these recent changes deal primarily with (1) a defense to infringement with respect to
methods of doing a business based on being an earlier inventor; (2) an adjustment of the patent term based upon U.S. Patent and
Trademark Office delay; (3) the domestic publication of patent applications published abroad; and (4) modification of optional
inter parties reexamination.
|
Effective November 29, 1999 the recent change in the patent law provides a defense for infringement with respect to any subject
matter that would otherwise infringe one or more claims of a patent covering a method of doing or conducting business if an
alleged infringer had (1) acting in good faith, actually reduced the subject matter to practice at least one year prior to the
effective filing date of the allegedly infringed patent and (2) commercially used the allegedly infringing subject matter before
the effective filing date of the patent. In asserting such a defense the alleged infringer must establish the defense by
clear and convincing evidence. If the alleged infringer fails to demonstrate a reasonable basis for asserting the defense,
the court shall find the case exceptional for the purpose of awarding attorney fees. Furthermore, raising or establishing
this defense does not render the subject patent invalid under 35 USC 102 or 103.
|
The information is provided for informational purposes only, and should not be construed as legal advice.
|
Home |
Entrepreneurs |
Investors |
Connections |
Site Map |
Previous
About |
Contact |
Make us Your Default Page
|
Bookmark Us
|
Tell a Colleague
Satisfaction Commitment and Privacy Policy
Copyright © AngelDeals.com 1997 - 2008
|
