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    Addressing Patent "Thickets" and "Submarine Patents" Via Continuing/Reissue Application Reforms [CC]

    Addressing Patent "Thickets" and "Submarine Patents" Via Continuing/Reissue Application Reforms [CC]
    CLE 90 min

    Addressing Patent "Thickets" and "Submarine Patents" Via Continuing/Reissue Application Reforms [CC]

    This webinar will explore two proposals for addressing the competing needs for certainty as to the scope of protection arising from an initial, nonprovisional patent filing and legitimate needs for flexibility to secure the broadest claims to which an inventor might be entitled.

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    Closed Captioned.

    Critics of the patent system often cite to the use of continuation patents to build "patent thickets"--and to secure "submarine patents" with ever-broader claims issuing over the entire course of the 20-year patent term. Defenders of current prosecution practices cite to the need for flexibility in claiming, particularly to address post-patent-filing developments that may define commercial embodiments, or to respond to unforeseen changes in patent law or practice.

    This webinar will explore two proposals for addressing the competing needs for certainty as to the scope of protection arising from an initial, nonprovisional patent filing and legitimate needs for flexibility to secure the broadest claims to which an inventor might be entitled. One proposal would eliminate all forms of continuing applications for patent, but do so paired with an opening of patent reissue practice that would eliminate the need for a showing of "error" and, during at least a 6-year period from the initial, nonprovisional filing date, permit both claim broadening and claim recapture. The second proposal would address "restriction" practice, by substituting a requirement for limiting each independent claim to a "single general inventive concept," in lieu of the requirement for (and any possibility for) filing divisional patent applications for claims directed to "independent and distinct" inventions.

    Product Details

    Product Code

    PT2406CONOLC

    Duration

    90

    Publication Date

    6/13/2024 12:00:00 AM

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