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Patent Law

: Patent Docs

Inventor's Interests, If Not Rights, Limited by S. 23

By Donald Zuhn, Kevin Noonan, Chris Singer, Sherri Oslick, and Jason Derry

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By Kevin E. Noonan -- The "America Invents Act" (S. 23; aka the patent reform bill) makes significant changes in the power of an assignee, or someone who has obligated an inventor to assign, to file an application without obtaining an oath or declaration (or even permission or knowledge) of the inventor, raising an interesting Constitutional question as discussed below. This change is effected by Section 3 of the bill as passed by the Senate, which amends 35 U.S.C. § 115. As in the current version of § 115, new § 115(a) provides that an application requires the name of...

Full post as published by Patent Docs on March 16, 2011 (boomark / email).

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