Interference proceedings have been replaced by Derivation proceedings due to the America Invents Act (AIA). Do not take this blog post or any post on this website as legal advice. In this post, you will learn more about reduction to practice and what it means during interference proceedings.
Read MoreThere are 2 types of reduction of practices. The first is "actual reduction to practice", which is the showing that the invention works according to its intended purpose. The second is "constructive reduction to practice", which is when the filing of the patent application takes place.
Read MoreWhether correcting inventorship (adding or subtracting inventors) or changing inventors’ names due to mistakes can be a confusing endeavor. Most of the information needed to correct/change inventorship can be found under 37 CFR 1.48.
Read MoreThe America Invents Act (AIA) has introduced new ways to overcome prior art rejections, specifically, in terms of which declarations to use. Currently, rejections under 35 USC 102(a)(1) and (a)(2) have their counterpart exceptions which are under 35 USC 102(b)(1) and (b)(2), respectively.
Read MoreDifferent situations might exist when it comes to executing the inventor's oath or declaration (37 CFR 1.63). …Please note, best practices regarding inventor's oath or declaration might evolve over time.
Read MoreThese concepts are applicable in patents with no claims on or after September 16, 2013. This is the date of the enactment of the America Invents Act (AIA)....Here is an analysis of the above example. Inventor A happens to "come up with the idea" first. This is called conception.
Read More