The law and practice under 35 USC 135(c)
Article Abstract:
The Patent and Trademark Office requires photocopies of the original agreement, but these do not have to be notarized, however, the accused infringer has the right to assert as an affirmative defense that the patent in suit is permanently unenforceable because of a violation of 35 USC 135(c). Unenforceability is an absolute defense to a claim of infringement, and a party to an agreement rendered permanently unenforceable because of failure to comply with 35 USC 135(c) has the right to claim unenforceability of the agreement, although there seems to be no case law on point.
Publication Name: Journal of the Patent and Trademark Office Society
Subject: Law
ISSN: 0882-9098
Year: 1998
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The law and practice under 35 USC 135(c)
Article Abstract:
Patent interference proceedings are covered by 35 U.S.C. 135(c), which stipulates that such proceedings may be ended in a manner hostile to the public interest by restricting competition with patent interference settlement agreements. The legislative history indicates a hoped-for salutary impact on patent law, as well as an aid to the Antitrust Division of the Justice Department in regulating the patent interference bar. In practice, the law has had little effect.
Publication Name: Journal of the Patent and Trademark Office Society
Subject: Law
ISSN: 0882-9098
Year: 1998
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First to file or first to invent?
Article Abstract:
The author proposes harmonization of patent laws into a single international standard that would incorporate the first-to-file system. The deficiencies of the American first-to-invent patent system are outlined, and the benefits of a uniform international law are discussed.
Publication Name: Journal of the Patent and Trademark Office Society
Subject: Law
ISSN: 0882-9098
Year: 2000
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