Tips on what to look out for and how to navigate the new patent laws.
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References
Public Law 106-113, enacted November 29, 1999. Some additional aspects of this legislation relevant to the biotechnology industry were reviewed by Gogoris, A.C. & Todaro, J.C. Nat. Biotechnol. 18, 229–231 (2000).
Title IV, Subtitle E, “Domestic Publication of Patent Applications Published Abroad” of Public Law 106-113.
See Biotechnology Industry Organization (http://www.bio.org).
37 C.F.R. §1.138.
The act provides for adjustments to patent term if the issue of a patent is delayed, inter alia, as a result of failure of the PTO to act promptly during prosecution or if interference proceedings delay issue of a patent.
When appropriate, the file wrapper made available to the public may contain redacted materials.
This rule is provided under the statute relating to prior art, 35 USC §102, as revised 35 USC §102(e)(1) and (2). A patent application publication is also available as prior art as of its publication date pursuant to 35 USC §102 (a) and (b), which sections were unchanged by the act.
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Tsevdos, E., Toffenetti, J. & Lisa Wilson, M. Will publication of patent applications really affect biotechnology?. Nat Biotechnol 18, 795–796 (2000). https://doi.org/10.1038/77372
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DOI: https://doi.org/10.1038/77372
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