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Patent Infringement
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   Patent Pending Infringement
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   Author  Topic: Patent Pending Infringement  (Read 3148 times)
patent_type
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Posts: 81
Re: Patent Pending Infringement
« Reply #25 on: Sep 29th, 2007, 10:52am »
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Not I.  I have done/will do everything practicable to avoid filing an AESD or an ESD.  These documents are fraught with potentially horribly damaging/limiting pitfalls for prosecution and litigation because of the required disclosures, opinions, and representations, or failure to make particular disclosures, opinions, and representations, and everybody I have talked with about these are recommending to avoid them at all costs.
 
But I ain't givin' none legal opinion about these suckers, 'cause I don't know squat.
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Isaac
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Posts: 3472
Re: Patent Pending Infringement
« Reply #26 on: Sep 29th, 2007, 3:45pm »
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A former PTO official who now does presentations on the new rules says that 50% of AESD were rejected.
 
If you rely on an ESD to file more that 25 claims or 5 independent claims, be aware that if your ESD is deemed to be inadvertantly non-compliant, you'll get a chance to fix it, but you'll lose essentially all of the patent term adjustment based on the long PTO backlog period.   That's a significant hit in some technical arts.    
 
On the other hand a refused SRR (suggested restriction requirement) doesn't have the same consequence.
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Isaac
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