Of submarines and interference: legal status changes following citation of an earlier US patent or patent application under 35 USC §102 (e)

Edlyn S. Simmons and Bettina D. Spahl

World Patent Information, 2000, vol. 22, issue 3, 191-203

Abstract: The changes in legal status of issued US patents which may result from the resolution of conflicts with patents of earlier date under 35 USC §102 (e) are reviewed. Some suggestions on how these changes may be tracked are provided. Resolution of these conflicts is often delayed by the existence of submarine patents, i.e., patent applications that have an earlier date but are published much later or are otherwise not known to the initial patentee. Resolution is also complicated by the "first to invent" concept in US patent law. The types of action resulting from the operation of 35 USC §102 (e) are described with reference to specific cases, and include interference, infringement and validity resolution, reexamination, reissue applications and disclaimers.

Date: 2000
References: Add references at CitEc
Citations:

Downloads: (external link)
http://www.sciencedirect.com/science/article/pii/S0172-2190(00)00046-6
Full text for ScienceDirect subscribers only

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:eee:worpat:v:22:y:2000:i:3:p:191-203

Ordering information: This journal article can be ordered from
http://www.elsevier.com/wps/find/supportfaq.cws_home/regional
http://www.elsevier. ... _01_ooc_1&version=01

Access Statistics for this article

World Patent Information is currently edited by Michael Blackman

More articles in World Patent Information from Elsevier
Bibliographic data for series maintained by Catherine Liu ().