Module 17 2024

United States

• Major reform efforts – First-to-file system ( effective March 2013 ) – Post-Grant Proceedings – Prior Commercial User defenses • Increased Supreme Court scrutiny – Obviousness standard

– Injunctions – Exhaustion – Subject matter requirements

• Gene patents • Patents to computer-implemented inventions

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PCT System

• Patent Cooperation Treaty (PCT)

• Provides a single filing mechanism for 130+ countries (including EPO)

– “International application”

– Do not have to decide specific jurisdictions until 30 months after the filing date

• No substantive disposition, apart from initial search and, optionally, initial preliminary examination

– No such thing as a “PCT patent”!

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