Under Section 53.1 of the Patent Act, what happens in the Patent Office may not stay in the Patent Office. When seeking to enforce patents in later proceedings, patentees may be held to account for some decisions made during prosecution, whether those decisions were made for expediency, cost or substantive reasons. How do we reconcile what happens in the Patent Office and what happens in court?
This webinar will cover :
- What’s in and what’s out: which documents in a file history are "communications", and which aren’t?
- Key words and phrases: what language in a communication attracts litigators?
- How should CIPO examination policy and examiner statements affect the weight of file wrapper evidence?
- What’s a patent applicant (and agent) to do?