Abstract: Chapter 12 Patent Reform Alexander I. Poltorak, Alexander I. PoltorakSearch for more papers by this authorPaul J. Lerner, Paul J. LernerSearch for more papers by this author Alexander I. Poltorak, Alexander I. PoltorakSearch for more papers by this authorPaul J. Lerner, Paul J. LernerSearch for more papers by this author Alexander I. Poltorak, Alexander I. PoltorakSearch for more papers by this authorPaul J. Lerner, Paul J. LernerSearch for more papers by this author Book Author(s):Alexander I. Poltorak, Alexander I. PoltorakSearch for more papers by this authorPaul J. Lerner, Paul J. LernerSearch for more papers by this author First published: 10 February 2011 https://doi.org/10.1002/9781118983805.ch12 AboutPDFPDF ToolsRequest permissionExport citationAdd to favoritesTrack citation ShareShareShare a linkShare onFacebookTwitterLinked InRedditWechat Summary This chapter discusses several facets of the proposed patent reform legislation and their potential impact on inventors and businesses. It explains how some of the proposed reforms have been effectively implemented by the courts already through precedent-setting rulings in recent lawsuits. The chapter also explains why a finding of willful infringement will be harder to come by. The reason for the boom in false marking lawsuits is presented, and the chapter discusses how the courts are limiting them by insisting on proof that the defendant's mismarking of products with expired patent numbers was intentional. The difference between a first-to-file patent system and a first-to-invent patent system is provided. Finally, the chapter talks about inter partes and ex parte patent reexaminations. It also explains how they are currently used, and how post-grant review might benefit infringers. Essentials of Intellectual Property: Law, Economics, and Strategy, Second Edition RelatedInformation
Publication Year: 2011
Publication Date: 2011-02-10
Language: en
Type: other
Indexed In: ['crossref']
Access and Citation
AI Researcher Chatbot
Get quick answers to your questions about the article from our AI researcher chatbot