Continued prosecution in a continuation application, or a Transco best mode trap for the unwary?
Article Abstract:
The 1993 decision of Transco Products Inc v. Performance Contracting Inc is flawed, erroneously declaring a patent invalid because the refiling did not update the best mode. This ruling gives an advantage to foreign applicants who do not have to update under section 119 of the Patent Code. The ruling is also discretionary and destabilizing of prior practice. Finally, the decision is flawed because it contradicts US policy to key the best mode with the first filing. The court has taken a side for patent reform which remains unresolved.
Publication Name: Journal of the Patent and Trademark Office Society
Subject: Law
ISSN: 0882-9098
Year: 1993
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Comment: stripping politics from the Board
Article Abstract:
The Board of Patent Appeals and Interferences should be insulated from the political influence of the Commissioner. The Board has been compromised by the Commissioner using his authority as its technical leader to tamper with its work and influence patent cases. Two necessary reforms are to deny Board membership to political appointees and include the Chairman and Vice-Chairman as members while legally prohibiting political influence. These reforms would require modifications of 35 USC section 7(a).
Publication Name: Journal of the Patent and Trademark Office Society
Subject: Law
ISSN: 0882-9098
Year: 1992
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"Vitiat(ing) ... Blonder-Tongue": Nestle vacatur-on-demand
Article Abstract:
The US Supreme Court should protect patent invalidity rulings of lower courts, even if it upholds vacatur-on-demand in Izumi Seimitsu Kogyo Kabushiki Kaisha v. US Philips Corp. Vacatur may be upheld using the Nestle Co v. Chester's Market, Inc decision. The Court should exempt patent rulings from vacatur, and legislation should also be passed to establish patent revocation by administrative action to avoid the costs of litigation.
Publication Name: Journal of the Patent and Trademark Office Society
Subject: Law
ISSN: 0882-9098
Year: 1993
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