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Many parties obtain U.S. patents every year. Sometimes there are errors or deficiencies in these patents. Many minor errors may be corrected by means of a certificate of correction issued by the U.S. Patent and Trademark Office (USPTO). But more serious errors, and even some things that one may not think of as being “errors,” may be corrected by means of filing a reissue application. According to statute:
“Whenever any patent is, through error, deemed wholly or partially inoperative or invalid, by reason of a defective specification or drawing, or by reason of the patentee claiming more or less than he had a right to claim in the patent, the director [of the USPTO] shall … reissue the patent for the invention disclosed in the original patent, and in accordance with a new and amended application, for the unexpired part of the term of the original patent. No new matter shall be introduced into the application for reissue.” See, 35 U.S.C. Section 251(a).
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By Reid Knabe and Bita Rahebi
This article describes certain key developments in the period from passage of the CHIPS Act through the present day, and provides a brief survey of key grantmaking and investment activity by U.S. government agencies since passage of the Act.
Emerging Legal Terrain: IP Risks from AI’s Role In Drug Discovery
By Fredrick Tsang, Antonia Sequeira and Carl Morales
This article explores the benefits and risks of AI-driven drug discovery from the legal perspective. Since the law governing IP rights in AI-driven drug discovery is still in its infant state, any future legal development is likely to have significant implications in many areas.
LLM Customization With A Path to Human Inventorship and Patent Rights
By Jim Soong
A statutory predicate to the contractual outcome regarding ownership of patent rights is the requirement of a sufficient contribution by a natural person in the effort that yielded the output. The issues implicated by this requirement are one development among more to come as patent law and policy try to catch up to proliferating AI technology.
Adidas Stripe Design Battle Reveals Intricacies of Trademarks In the Fashion World
By Nicole D. Galli, Laura Talley Geyer and Alexa Elder
Although the bitter legal battle between Adidas and Thom Browne is far from over on either side of the pond, the case illustrates the challenges of ensuring trademark protection for simple and widely employed design elements.
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