U.S. Patent Laws, amended by the passage of the American Inventors Protection Act of 1999 ('the Act'), now provide for publication of pending patent applications prior to issuance. 35 U.S.C.
U.S. Patent Provisional Rights: Impacts of Recent Change
U.S. Patent Laws, amended by the passage of the American Inventors Protection Act of 1999 ('the Act'), now provide for publication of pending patent applications prior to issuance. 35 U.S.C. '122(b). Since the effective date of the amendment, Nov. 29, 2000, the U.S. Patent and Trademark Office ('USPTO') publishes domestic utility applications within 18 months of their earliest priority date. Prior to this amendment, patent applications were not made publicly available until a patent issued, thereby preserving the confidential information of a patentee until remedies for patent infringement were made available to the patentee.
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