41,285 research outputs found
Checking the Staats: How Long Is Too Long to Give Adequate Public Notice in Broadening Reissue Patent Applications?
A classic property rights question looms large in the field of patent law: where do the rights of inventors end and the rights of the public begin? The right of inventors to modify the scope of their claimed inventions, even after the patent issues, is in direct tension with the concepts of public notice and the public domain. The Patent Act currently permits broadening of claims so long as a reissue application demonstrating intent to broaden is filed within two years of the original patent issue. Over the years, however, this relatively straightforward statutory provision has sparked numerous disputes over its meaning and application.
On September 8, 2011, the Court of Appeals for the Federal Circuit heard oral arguments or In re Staats. In this case, Apple Computer, Inc. appeals the rejection of a continuation reissue patent application. The U.S. Patent & Trademark Office and the Board of Patent Appeals and Interferences rejected the application on the grounds that Apple attempted to broaden the scope of its patent claims in a manner not “foreseeable” more than eight years after the patent first issued. Apple contends that the language of the statute and prior case law permit its interpretation, and the application should be allowed in the interest of innovation. This issue is hardly a new one—this submission highlights nearly 140 years of case law, legislative history, and statutory shaping pertaining to broadening reissues. We analyze the issues raised in the briefs from Staats, as well as the oral arguments. Finally, we discuss from a practitioner’s perspective what the Federal Circuit could do—and should do—in the field of broadening reissues
Recommended from our members
A unified model of the electrical power network
Traditionally, the different infrastructure layers, technologies and management activities associated with the design, control and protection operation of the Electrical Power Systems have been supported by numerous independent models of the real world network. As a result of increasing competition in this sector, however, the integration of technologies in the network and the coordination of complex management processes have become of vital importance for all electrical power companies.
The aim of the research outlined in this paper is to develop a single network model which will unify the generation, transmission and distribution infrastructure layers and the various alternative implementation technologies. This 'unified model' approach can support ,for example, network fault, reliability and performance analysis. This paper introduces the basic network structures, describes an object-oriented modelling approach and outlines possible applications of the unified model
Recommended from our members
Update of an early warning fault detection method using artificial intelligence techniques
This presentation describes a research investigation to access the feasibility of using an Artificial Intelligence (AI) method to predict and detect faults at an early stage in power systems. An AI based detector has been developed to monitor and predict faults at an early stage on particular sections of power systems. The detector for this early warning fault detection device only requires external measurements taken from the input and output nodes of the power system. The AI detection system is capable of rapidly predicting a malfunction within the system. Artificial Neural Networks (ANNs) are being used as the core of the fault detector. In an earlier paper [11], a computer simulated medium length transmission line has been tested by the detector and the results clearly demonstrate the capability of the detector. Today’s presentation considers a case study illustrating the suitability of this AI Technique when applied to a distribution transformer. Furthermore, an evolutionary optimisation strategy to train ANNs is also briefly discussed in this presentation, together with a ‘crystal ball’ view of future developments in the operation and monitoring of transmission systems in the next millennium
- …