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Questions and Answers
What is the impact of the AIA's amendment to 35 U.S.C. 282(a)(3) concerning the Best Mode provision?
When can a claim of a patent no longer be canceled or held invalid based on failure to disclose the Best Mode?
What is the effective date for the Best Mode provision in the AIA?
How does the AIA's amendment to citation of patent owner statements affect patent file procedures?
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Who is allowed to file a citation of patent owner statements based on the AIA's provisions?
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In which phase of the patent process can third parties or patent owners cite patent owner statements?
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When will the Office consider a patent owner claim scope statement?
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Will the examiner in a reexamination automatically adopt the claim interpretation from the patent owner's written statement?
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Can a deposition transcript filed by an accused infringer in a Federal court proceeding be submitted into the official file of a patent?
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In what circumstances can a written statement by the patent owner regarding claim scope be eligible for submission into the official files of related patents?
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What must be included for a patent owner claim scope statement to be entered into the official file of a patent?
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What standards are unaffected by claim construction standards for reexamination?
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Study Notes
America Invents Act (AIA) - Best Mode
- AIA's amendment to 35 U.S.C. 282(a)(3) does not impact current patent examination practices regarding evaluation of an application for compliance with the best mode requirement of 35 U.S.C. 112.
- The failure to disclose the best mode shall no longer be a basis, in patent validity or infringement proceedings, on which any claim of a patent may be canceled or held invalid or otherwise unenforceable.
- The effective date for the Best Mode provision in the AIA is September 16, 2011.
Citation of Patent Owner Statements in a Patent File
- A third party or the patent owner may cite patent owner statements at any time.
- The Office will only consider a patent owner claim scope statement after reexamination has been ordered and only to inform the Office's determination of the proper scope and meaning of the claims.
- The Office may not consider a patent owner claim scope statement when deciding whether to order or institute an administrative trial proceeding.
- The examiner in a reexamination will not necessarily adopt the interpretation of the claims based solely upon a written statement of the patent owner.
- A written statement of the patent owner will be weighed with all other relevant information in making an independent determination of the proper claim scope and meaning of the claims by the Office.
- A deposition transcript of the patent owner filed by an accused infringer in a Federal court proceeding is not eligible for submission into the official file of a patent.
- A written statement by the patent owner regarding the scope of a claim of a particular patent is only eligible for submission into the official files of that patent.
- The filing requirements for submitting a patent owner claim scope statement into the official file of a patent include:
- An explanation of the pertinence and manner of applying the written statement to at least one claim of the patent.
- Identification of the forum and proceeding in which the patent owner filed the statement.
- Identification of the specific papers and evidence from the proceeding in which the statement was filed.
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Description
Explore the impact of America Invents Act (AIA) amendment to 35 U.S.C. 282(a)(3) on the evaluation of patent applications for compliance with the best mode requirement. Understand how this amendment affects patent examination practices.
