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AIA – suggested practice for conflicting applications

28 Feb

Here is a key piece of practice advice for transitioning to FTI on 2013-03-16. How you handle your cases procedurally could make the difference between getting a patent and not getting a patent, or between infringing and not infringing.

If prior to effective date (2012-03-16) you are first to invent but second to file, you want to monitor for post 3-16 CIPs, as you would not want to abandon your app if there is one.

If prior to effective date, you were second to invent, but first to file, you want to file a CIP after 2013-03-16 and monitor for abandonment of the second to file application, as that would remove it an obstacle to patentability due to the prior inventor abandoning his right to that date of invention.

For a detailed explanation of this see the following article:

http://www.linkedin.com/news?viewArticle=&articleID=5580237917218943012&gid=64574&type=member&item=97802500&articleURL=http%3A%2F%2Fwww.pharmapatentsblog.com%2F2012%2F02%2F28%2Fwhat-happens-when-interfering-applications-straddle-the-first-to-file-effective-date%2F&urlhash=pQCO&goback=.gde_64574_member_97802500

 

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