Tuesday, March 07, 2006

READER NOTICE: The 271 patent blog will be undergoing some technical maintenance over the next few days, and no posting will be done until next week. Apologies to all for the inconvenience . . .

3 Comentários:

Anonymous said...

That's a long week!

R2K said...

Just visiting, love the page.

Anonymous said...


Please consider the following cases:

Patent A; Filling date A; Priority date A - US patent

Patent B; Filling date B; Priority date B - US patent

Now patent A and patent B have overlapping features.

Consider a first case, when Filling date A > Filling date B, This implies that Patent B can invalidate Patent A.

Consider a second case, when Priority date A > Priority date B, however, Patent B is seeking priority from some other patent that falls outside USPTO jurisdiction.... say a JP patent. Then can Patent B invalidate patent A.

I recently got informed that according US patent laws, patent B can not invalidate patent A, if patent B is seeking priority from outside US patents (i.e the second case).

Your views for this are awaited.



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