The international suture: a comparative approach to patenting methods of medical treatment
Article Abstract:
The solution to the debate over restricting the patentability of medical diagnostic, therapeutic and surgical procedures is for the US Patent and Trademark Office to provide administrative remedies that serve both ethical and economic concerns. Congress has responded to the AMA and other interest groups by introducing two bills that would eliminate such patents or make them unenforceable. Advocates of the bills argue that such restrictions are needed to harmonize US law with European law, but many European nations are moving toward greater recognition of medical procedure patents.
Publication Name: Journal of the Patent and Trademark Office Society
Subject: Law
ISSN: 0882-9098
Year: 1996
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Can the marking requirements for a patented article be circumvented by obtaining a process patent?
Article Abstract:
Pre-litigation damages for patent infringement are not likely to be available to patent holders with both article and process claims when they only allege process patent infringement and have failed to mark patent numbers on their articles. The US Court of Appeals for the Federal Circuit will be hearing an appeal of a pre-trial ruling in Viskase Corp. v. American National Can Co. in which the patent holder is suing for infringement of both article and process patents and did not mark the articles. Absent actual notice, the Court will likely rule in favor of the defendant.
Publication Name: Journal of the Patent and Trademark Office Society
Subject: Law
ISSN: 0882-9098
Year: 1997
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"The same effect" United States provisional patent applications and Paris Convention priority rights
Article Abstract:
Provisional applications have become available as a low-cost alternative to US patent applicants, but the question remains whether these applications will be given the effect of Paris Convention for the Protection of Industrial Property documents in other jurisdictions. The development of a provisional application program in the US is seen as a shift toward the first-to-file system found in most other nations. Practitioners should craft their application carefully to maximize the chance that other nations will accept the application as a valid patent filing.
Publication Name: Journal of the Patent and Trademark Office Society
Subject: Law
ISSN: 0882-9098
Year: 1996
User Contributions:
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