Part Four: If not, does the applicant need to establish patentability over the issued patent, get his own patent issued, and then request reexamination of the earlier-issued generic patent?
Yes. 3. Part Five: If reexamination is ordered and the earlier-issued patentee with a generic claim establishes, say through a 37 CFR § 1.131 antedating effort, that its generic invention was made before the filing date of the later-issued species patent, would an interference be declared to permit the owner of the later-issued species patent to establish priority? Under 35 U.S.C. §§ 301-318, the only prior art that may be considered in a reexamination consists of patents and printed publications. It is not apparent how the patentee of the later-issued species would be permitted, in a reexamination, to establish priority. Moreover, the USPTO does not have authority to declare an interference between two patents. 3. Part Six: Is the presentation of a narrow claim for purpose of interference with a broad claim construed as an admission that the narrow claim is unpatentable over the broad claim? (Is it essential that an applicant have a claim designated as corresponding to the count, or w
Related Questions
- Part Four: If not, does the applicant need to establish patentability over the issued patent, get his own patent issued, and then request reexamination of the earlier-issued generic patent?
- Commitment letter issued on request. If a lender issues a commitment letter only at the applicants request, does the lender have a preapproval program?
- Can Blackboard revoke this pledge with respect to a party who initiates a patent reexamination request with a governmental agency?
