TC's inside IP Quarterly Newsletter - March 2011


In This Issue:

Electronic Lab Notebooks as Evidence in Interference Proceedings; Supreme Court to Decide Technology Transfer Dispute Calling into Question Inventors’ Rights Under the Bayh-Dole Act Thirty Years After Its Enactment; Divorce and IP: Untying the Knot May Tie Up Patent Rights; and A Practical Primer for Patenting Genes Amid Myriad Uncertainties.

Electronic Lab Notebooks as Evidence in Interference Proceedings

In the United States, the first to invent is entitled to obtain a patent on an invention. When more than one patent application is filed by different inventors or groups of inventors claiming an identical invention, the U.S. Patent Office may hold an interference proceeding to determine the first inventor(s). This determination focuses on the date of invention by establishing the competing inventors’ dates of conception and reduction to practice, and potentially, the diligence of the parties to reduce their invention to practice following conception. Similarly, establishing the date of invention to determine the first to invent or to antedate prior art may be required in litigation.

Please see full newsletter below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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