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Interactions of Patagonian Toothfish Fisheries With
CCAMLR Science, Vol. 17 (2010): 179–195 INTERACTIONS OF PATAGONIAN TOOTHFISH FISHERIES WITH KILLER AND SPERM WHALES IN THE CROZET ISLANDS EXCLUSIVE ECONOMIC ZONE: AN ASSESSMENT OF DEPREDATION LEVELS AND INSIGHTS ON POSSIBLE MITIGATION STRATEGIES P. Tixier1, N. Gasco2, G. Duhamel2, M. Viviant1, M. Authier1 and C. Guinet1 1 Centre d’Etudes Biologiques de Chizé CNRS, UPR 1934 Villiers-en-Bois, 79360 France Email – [email protected] 2 MNHN Paris, 75005 France Abstract Within the Crozet Islands Exclusive Economic Zone (EEZ), the Patagonian toothfish (Dissostichus eleginoides) longline fishery is exposed to high levels of depredation by killer (Orcinus orca) and sperm whales (Physeter macrocephalus). From 2003 to 2008, sperm whales alone, killer whales alone, and the two species co-occurring were observed on 32.6%, 18.6% and 23.4% respectively of the 4 289 hauled lines. It was estimated that a total of 571 tonnes (€4.8 million) of Patagonian toothfish were lost due to depredation by killer whales and both killer and sperm whales. Killer whales were found to be responsible for the largest part of this loss (>75%), while sperm whales had a lower impact (>25%). Photo-identification data revealed 35 killer whales belonging to four different pods were involved in 81.3% of the interactions. Significant variations of interaction rates with killer whales were detected between vessels suggesting the influence of operational factors on depredation. When killer whales were absent at the beginning of the line hauling process, short lines (<5 000 m) provided higher yield and were significantly less impacted by depredation than longer lines. -
Inter Partes Re-Examination: a Low Cost Alternative to Litigation in The
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP Inter partes Re-examination: a Low Cost Alternative to Litigation in the US and Prosecution Strategies in View of the Historically Low Allowance Rate at the by USPTO Anthony C. Tridico, and Carlos M. Téllez Los Lunes de Patentes, Madrid, 30 November 2009 Disclaimer • These materials are public information and have been prepared solely for educational and entertainment purposes to contribute to the understanding of U.S. intellectual property law. These materials reflect only the personal views of the panelists, are not individualized legal advice, and do not reflect the views of Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P. It is understood that each case is fact-specific, and that the appropriate solution in any case will vary. Therefore, these materials may or may not be relevant to any particular situation. Thus, Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., and the panelists cannot be bound either philosophically or as representatives of their various present and future clients to the comments expressed in these materials. The presentation of these materials does not establish any form of attorney-client relationship with Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., and the panelists. While every attempt was made to insure that these materials are accurate, errors or omissions may be contained therein, for which any liability is disclaimed. 22 Outline • Re-exam as a low cost alternative to Litigation in the U.S. • Obviousness and KSR as major factors in rejection of applications • Strategies for dealing with KSR in various types of applications • General prosecution tips – If there is time – tips for avoiding inequitable conduct… 33 Monitoring and Detective Work • Time and money is spent monitoring your competitors. -
Patenting Life in the European Community: the Proposed Directive on the Legal Protection for Biotechnological Inventions
Fordham Intellectual Property, Media and Entertainment Law Journal Volume 4 Volume IV Number 2 Volume IV Book 2 Article 1 1993 Patenting Life in the European Community: The Proposed Directive on the Legal Protection for Biotechnological Inventions Janice McCoy Follow this and additional works at: https://ir.lawnet.fordham.edu/iplj Part of the Entertainment, Arts, and Sports Law Commons, and the Intellectual Property Law Commons Recommended Citation Janice McCoy, Patenting Life in the European Community: The Proposed Directive on the Legal Protection for Biotechnological Inventions, 4 Fordham Intell. Prop. Media & Ent. L.J. 501 (1993). Available at: https://ir.lawnet.fordham.edu/iplj/vol4/iss2/1 This Article is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Intellectual Property, Media and Entertainment Law Journal by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact [email protected]. ARTICLES Patenting Life in the European Community: The Proposed Directive on the Legal Protection for Biotechnological Inventions Janice McCoy' INTRODUCTION Technology has once again overtaken the law. Ever since the United States Supreme Court concluded in 1980 that anything un- der the sun that was made by man could be patented,' and especial- ly since the United States Patent and Trademark Office ("USPTO") announced in 1987 that it considered nonnaturally occurring non- human animals to be patentable subject matter,2 legislative bodies in both the United States and the European Economic Community ("EEC") have been debating to what extent living matter should be patentable. -
Going Home After Your Heart Surgery
Going home after your heart surgery Contents ♥ Introduction 3 ♥ Before you leave the ward 4 ♥ Your journey home 5 ♥ Home sweet home Emotional reactions 6 Wound care and healing 7 Shortness of breath/swollen ankles 8 Hallucinations and dreams 9 Sleeping patterns/constipation 10 Healthy eating 11 Aches and pain 12 Stretches 13 ♥ Activity, exercise and rest Why exercise? 14 Guidelines for walking 15 How should I feel during exercise? 16 Getting active/rest 18 ♥ Returning to everyday activities Lifting and domestic activities 19 Sexual activity 20 Driving 21 Return to work 21 Travel abroad 22 ♥ Cardiac rehabilitation 23 ♥ Exercise diary 25 ♥ Support and advice 27 ♥ Further information 28 2 Introduction Although you will be given advice about your recovery during your stay in hospital, it may be difficult for you to remember everything. We hope this booklet will help. Please take time to read it before you leave and feel free to ask the nurses or physiotherapist any questions you may have. We know that for many patients going home after their heart operation can be a great relief, but it can also be quite daunting. Remember you are not alone. The cardiac rehabilitation nurses at Guy’s and St Thomas’ can support you and your family. You can contact them on 020 7188 0946. They work Monday to Friday, between 9am and 5pm. If they are unable to answer your call or you ring outside these hours, please leave your name and number on the answering machine and you will be contacted as soon as possible. You can also contact the cardiac rehabilitation physiotherapist if you have questions about physical activity and exercise. -
Frequencies Between Serial Killer Typology And
FREQUENCIES BETWEEN SERIAL KILLER TYPOLOGY AND THEORIZED ETIOLOGICAL FACTORS A dissertation presented to the faculty of ANTIOCH UNIVERSITY SANTA BARBARA in partial fulfillment of the requirements for the degree of DOCTOR OF PSYCHOLOGY in CLINICAL PSYCHOLOGY By Leryn Rose-Doggett Messori March 2016 FREQUENCIES BETWEEN SERIAL KILLER TYPOLOGY AND THEORIZED ETIOLOGICAL FACTORS This dissertation, by Leryn Rose-Doggett Messori, has been approved by the committee members signed below who recommend that it be accepted by the faculty of Antioch University Santa Barbara in partial fulfillment of requirements for the degree of DOCTOR OF PSYCHOLOGY Dissertation Committee: _______________________________ Ron Pilato, Psy.D. Chairperson _______________________________ Brett Kia-Keating, Ed.D. Second Faculty _______________________________ Maxann Shwartz, Ph.D. External Expert ii © Copyright by Leryn Rose-Doggett Messori, 2016 All Rights Reserved iii ABSTRACT FREQUENCIES BETWEEN SERIAL KILLER TYPOLOGY AND THEORIZED ETIOLOGICAL FACTORS LERYN ROSE-DOGGETT MESSORI Antioch University Santa Barbara Santa Barbara, CA This study examined the association between serial killer typologies and previously proposed etiological factors within serial killer case histories. Stratified sampling based on race and gender was used to identify thirty-six serial killers for this study. The percentage of serial killers within each race and gender category included in the study was taken from current serial killer demographic statistics between 1950 and 2010. Detailed data -
Patents and the Public Domain: Improving Patent Quality Upon Reexamination
Patents and the Public Domain: Improving Patent Quality Upon Reexamination Prepared by Policy Intern Raeanne Young [email protected] May 2008 ELECTRONIC FRONTIER FOUNDATION eff.org Table of Contents EXECUTIVE SUMMARY ........................................................................................................................3 PATENTS AND THE PUBLIC DOMAIN .....................................................................................................4 The Problem With Patent Quality ..................................................................................................4 Policy Rationale: Encouraging Innovation .......................................................................................4 PATENT REEXAMINATION ...................................................................................................................6 Ex parte and Inter partes .............................................................................................................6 OVERALL REEXAMINATION TRENDS ......................................................................................................8 Ex Parte Reexamination Filing Data: July , 98 - December 3, 2007 ...............................................8 Inter Partes Reexamination Filing Data: November 29, 999 - December 3, 2007 .............................0 Comparison of Ex Parte and Inter Partes ......................................................................................0 PROMOTING FAIRNESS IN THE PATENT SYSTEM THROUGH REEXAMINATION .............................................2 -
Understanding the Emerging Danger of the Stand Alone Complex
Andrew DeMarco University Honors in Communications, Legal Institutions, Economics, and Government Capstone Advisor: Professor Andrea Tschemplik, CAS: Philosophy Standing Alone: Understanding the Emerging Danger of the Stand Alone Complex Japanese director and screenwriter, Kenji Kamiyama, has written works on the implications of the acceleration of technology, but it is in his most famous work, Ghost in the Shell: Stand Alone Complex, that he renders his most insightful and ominous theory about the changing nature of human society. Kamiyama proposes that in an increasingly interconnected society, the potential for individuals to act independently of one another, yet toward what may appear to others to be the same goal increases as well. Standalone individuals may be deceived into emulating the actions of an original actor for a perceived end when neither of these existbecoming “copycats without originals.” Kamiyama’s theory of the Stand Alone Complex is a valid one, and the danger it heralds needs to be addressed before the brunt of its effects are felt by those unable obtain remedy. What little literature exists on the theory is primarily concerned with medialogy, but the examination herein addresses the theoretical and philosophical grounding on which the theory stands. This study finds sufficient grounding for the theory through theoretical and philosophical discourse and historical case study. The practical and moral implications of the Stand Alone Complex are addressed through related frameworks, as Kant’s moral system provides a different perspective that informs legal discussions of intent. The implications for national governments are found highly dangerous, and further discourse on the theory is recommended, despite its “juvenile” origins. -
Do Applicant Patent Citations Matter?
Do Applicant Patent Citations Matter? Christopher A. Cotropia Professor of Law University of Richmond School of Law Mark Lemley William H. Neukom Professor, Stanford Law School partner, Durie Tangri LLP. Bhaven Sampat1 Associate Professor, Mailman School of Public Health Columbia University 1 Corresponding author. 600 W 168th Street, New York, NY USA; [email protected]; Phone: 212-305- 7293 1 Do Applicant Patent Citations Matter? Abstract Patent law both imposes a duty on patent applicants to submit relevant prior art to the PTO and assumes that examiners use this information to determine an application's patentability. In this paper, we examine the validity of these assumptions by studying the use made of applicant-submitted prior art by delving into the actual prosecution process in over a thousand different cases. We find that patent examiners rarely use applicant-submitted art in their rejections to narrow patents, relying almost exclusively on prior art they find themselves. Our findings have implications for a number of important legal and policy disputes, including initiatives to improve patent quality and the strong presumption of validity the law grants issued patents—a presumption that makes patents more difficult to challenge in court. Keywords: Patents; citations; patent examination; bibliometrics Highlights: • Patent examiners rarely use applicant-submitted art to narrow claims before patents issue, relying almost exclusively on prior art they find themselves. • This is not simply because the applicants have drafted around the art they submitted. Nor does the explanation appear to be that applicant art is uniformly weak. • The findings have implications for a number of important legal and policy disputes, including initiatives to improve patent quality and the strong presumption of validity the law grants issued patents. -
Patentable Software: Analyzing Alice Under a Law-And-Economics Framework and Proposing a New Approach to Software Claims
THIS VERSION MAY CONTAIN INACCURATE OR INCOMPLETE PAGE NUMBERS. PLEASE CONSULT THE PRINT OR ONLINE DATABASE VERSIONS FOR THE PROPER CITATION INFORMATION. NOTE PATENTABLE SOFTWARE: ANALYZING ALICE UNDER A LAW-AND-ECONOMICS FRAMEWORK AND PROPOSING A NEW APPROACH TO SOFTWARE CLAIMS Christian R. Ruiz I. INTRODUCTION Software is a pervasive component in modern inventions, and companies are interested in using patents to protect software. By the early 1990s, the Court of Appeals for the Federal Circuit (the “Federal Circuit”) established that software was patentable.1 This article analyzes the discernable contours of what falls within patentable subject matter regarding software technology in view of Alice v. CLS Bank2 and its precedent. This note also applies policy arguments and a cost-benefit analysis to argue what patent doctrine should dictate regarding the patentability of software. Today, after Alice, what may constitute a patentable software claim is not en- tirely clear. Alice made it harder to patent software technology.3 The majority opinion in Alice indicates that attaching an abstract method to a computer, which is a physical machine, is not enough to render a claim patentable.4 Further, the Supreme Court (the “Court”) subjected patent claims containing software ele- ments to a higher scrutiny than the scrutiny used for patent claims that do not 1 See Diamond v. Diehr, 450 U.S. 175, 192-93 (1981) (affirming the Federal Circuit de- cision that a claim for technology including computer software is patent eligible); In re Lowry, 32 F.3d 1579, 1582 (Fed. Cir. 1994) (finding that a memory containing a data structure should be considered patentable subject matter); State St. -
Issues of Patentability
DIGITAL HEALTH ISSUES OF PATENTABILITY Recent changes in US patent law have made protecting and enforcing patents directed to digital healthcare inventions more challenging, as Marsha Gillentine and Michelle Holoubek of Sterne, Kessler, Goldstein & Fox explain. igital healthcare, the confluence of amount to “significantly more“ than the abstract medical and other biological fields idea, such that all uses in the abstract idea are not Dwith digital technology, is a vital part of pre-empted. patient treatment and healthcare management. Much of the confusion surrounding software- This article discusses five of the current top based claims is due to the first part of the test, intellectual property concerns for digital since there has been no guidance regarding how healthcare companies. to properly define an abstract idea. The Supreme Court explicitly declined to provide this guidance 1. Will the changes in US software in the Alice decision, and the federal circuit has WH[LU[SH^HќLJ[`V\Y07& not offered clear guidance on this point either. On June 19, 2014, the US Supreme Court issued What does this mean for patent applicants its decision in Alice Corp v CLS Bank, holding and owners? For starters, that a review of that computerised abstract patent ideas are not your existing IP may be needed to make sure patent-eligible. The post-Alice patent world has that no eligibility issues have arisen due to been filled with uncertainty and understandable the current (and retroactive) flux in the law. fears regarding the patent eligibility of software For new IP, additional details about specific patent claims. implementations, advantages that differentiate Digital healthcare companies have not your invention from the state of the art, and been spared this angst, since much of their examples may all be useful in mitigating innovation is protected by software patents eligibility challenges down the road. -
Religious-Verses-And-Poems
A CLUSTER OF PRECIOUS MEMORIES A bud the Gardener gave us, A cluster of precious memories A pure and lovely child. Sprayed with a million tears He gave it to our keeping Wishing God had spared you If only for a few more years. To cherish undefiled; You left a special memory And just as it was opening And a sorrow too great to hold, To the glory of the day, To us who loved and lost you Down came the Heavenly Father Your memory will never grow old. Thanks for the years we had, And took our bud away. Thanks for the memories we shared. We only prayed that when you left us That you knew how much we cared. 1 2 AFTERGLOW A Heart of Gold I’d like the memory of me A heart of gold stopped beating to be a happy one. I’d like to leave an afterglow Working hands at rest of smiles when life is done. God broke our hearts to prove to us I’d like to leave an echo He only takes the best whispering softly down the ways, Leaves and flowers may wither Of happy times and laughing times The golden sun may set and bright and sunny days. I’d like the tears of those who grieve But the hearts that loved you dearly to dry before too long, Are the ones that won’t forget. And cherish those very special memories to which I belong. 4 3 ALL IS WELL A LIFE – WELL LIVED Death is nothing at all, I have only slipped away into the next room. -
NTP V. RIM: the Diverging Law Between System and Method Claim Infringement
The University of New Hampshire Law Review Volume 5 Number 2 Pierce Law Review Article 7 January 2007 NTP v. RIM: The Diverging Law Between System and Method Claim Infringement Stephen P. Cole Franklin Pierce Law Center, Concord, NH Follow this and additional works at: https://scholars.unh.edu/unh_lr Part of the Intellectual Property Law Commons Repository Citation Stephen P. Cole, NTP v. RIM: The Diverging Law Between System and Method Claim Infringement, 5 Pierce L. Rev. 347 (2007), available at http://scholars.unh.edu/unh_lr/vol5/iss2/7 This Notes is brought to you for free and open access by the University of New Hampshire – Franklin Pierce School of Law at University of New Hampshire Scholars' Repository. It has been accepted for inclusion in The University of New Hampshire Law Review by an authorized editor of University of New Hampshire Scholars' Repository. For more information, please contact [email protected]. NTP v. RIM: The Diverging Law Between System and Method Claim Infringement STEPHEN P. COLE* I. INTRODUCTION Almost thirty years after the landmark decision of Decca Ltd. v. United States,1 the Federal Circuit had an opportunity to reevaluate the extraterri- torial limits of U.S. patent law in NTP, Inc. v. Research in Motion, Ltd.2 After withdrawing its initial opinion (“NTP I”) and issuing a second opin- ion (“NTP II”), the court held that a system having a component located outside U.S. jurisdiction could be subject to U.S. patent law.3 The court held as a matter of law, however, that a process in which a step is per- formed outside U.S.