April 16, 2015
Buffalo Intellectual Property Law Journal
The America Invents Act, signed into law on September 16, 2011, ushered in an array of patent reforms. One overlooked procedure, Supplemental Examination, seeks to purge putative instances of inequitable conduct prior to litigation by allowing patent owners to submit prior art and short statements to the USPTO after patent issuance. Few parties have used it. In this article, Finnegan attorneys Amanda K. Murphy and Jonathan R.K. Stroud analyze the law of inequitable conduct, explain the Supplemental Examination procedure, and discuss potential reasons for its lack of popularity among patent owners.
Originally printed in Buffalo Intellectual Property Law Journal. This article is for informational purposes, is not intended to constitute legal advice, and may be considered advertising under applicable state laws. This article is only the opinion of the authors and is not attributable to Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, or the firm's clients.
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