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Inventor Notebooks in Patent Proceedings

Since 2000, the number of patent applications filed each year in the United States has been in the range of 300,000 ' 375,000, increasing by approximately 10,000 per year. <i>See USPTO U.S. Patent Statistics Calendar Years 1963-2004</i>. 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.

17 minute read August 31, 2006 at 03:06 PM
By
Patrick Fay and Joseph Farco
Inventor Notebooks in Patent Proceedings

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.

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