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Author Topic: inventor's certificate & redacted pub./pat.  (Read 1429 times)

gr8patent

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inventor's certificate & redacted pub./pat.
« on: 05-06-09 at 11:57 am »

I am studying for the patent bar exam & have few Qs:
1. Whats a redacted publication/patent?
2. What's a inventor's certificate?  Is it same as a patent?
3. If an applicant discalims few claims in a patent then can they be used against other filed applications?
4. What happens when there is an interference between "re-issue" & patent and if the re-issue wins?  What happens to the patent?

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bardencj

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Re: inventor's certificate & redacted pub./pat.
« Reply #1 on: 05-07-09 at 07:58 am »

You'd probably have more luck with these questions posted in the bar review section.  That said, I'll give these a shot:

1. A redacted publication is used for situations where the specification is more extensive than that of a copending foreign filing.  Under certain conditions, the USPTO will publish a redacted copy of the specification rather than the full specification.  MPEP 1132 has the details.

2. "Certificates of inventorship are provided by Communist countries as an alternative to patent grants." (Sheldon, How to Write a Patent Application, p. 2-31).  They can be the basis for a priority claim under 35 USC 119 akin to a patent application.  I don't know whether such certificates result in patent protection in their home countries, but it is doubtful.

3. I don't know what you mean be "used against".  Could you elaborate?  If the claims were published or appeared in any version of an issued patent, even if disclaimed their subject matter would be prior art, perhaps even 102(g) art in certain circumstances.  But a disclaimed claim can't "win" an interference to any offensive effect, as the act of disclaiming is considered a request for adverse judgment against one's own position.  See MPEP 1490 and 37 CFR 41.127(b)(2).

4. I believe the same thing happens to the patent as would happen to an application: whatever claims correspond to the count will be held invalid.  The patentee would have to disclaim them.  (I've never had an interference, just going by what I think is the book here.)
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