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Inventor Notebooks in Patent Proceedings

By Patrick Fay and Joseph Farco
August 31, 2006

Since 2000, the number of pa-tent applications filed each year in the United States has been in the range of 300,000 ' 375,000, increas-ing by approximately 10,000 per year. See USPTO U.S. Patent Statistics Calendar Years 1963-2004. At the same time, the number of interference proceedings and infringement suits has also increased. Establishing a priority date for the invention is at the heart of all interference proceedings and is frequently an issue during prosecution and in infringement suits. When sufficient proof is supplied, a priority date based on a date of 'invention' that is earlier than the presumptive priority date, based upon the date of the filing of the application, may be established. Thus corroborative evidence supporting a date of invention, or the lack thereof, is a significant factor in the outcome of many cases and may expedite prosecution for even those patents and applications that steer clear of these disputes.

Required Evidence

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