by Steve Driskill | Nov 15, 2016 | [sub] diligence, Inventorship
Reasonable diligence for antedating a prior art reference requires only that the diligence be reasonably continuous, not that attention be continuous throughout the critical period in order to be reasonable. Here, for example, a few periods of unexplained inactivity...
by Steve Driskill | May 8, 2014 | [sub] conception, Inventorship
Inventorship requires contributions above the conventional state of the art. A co-inventor “must contribute in some significant manner to the conception or reduction to practice of the invention [and] make contribution to the claimed invention that is not...
by Steve Driskill | Nov 5, 2013 | [sub] conception, Inventorship
“When the subject matter is a DNA segment, conception requires possession and appreciation of the DNA segment that is claimed.” This does not, however, necessarily require the full and correct nucleotide sequence, as long as the identified information is sufficient...
by Steve Driskill | Aug 9, 2013 | [sub] conception, Inventorship
While somewhat of a moot point going forward in view of the first-to-file AIA transition, this case emphasizes the importance of keeping proper records of inventorship, including indications of what changes are made to a document and when. Background / Facts: The...
by Steve Driskill | Mar 28, 2013 | [sub] correction, Inventorship
Correction of inventorship under 35 U.S.C. § 256 is not available without a collaborative relationship among the potential inventors, which therefore cannot be joint or substitute inventors under the requirements of 35 U.S.C. § 116 for joint invention. In these...
by Steve Driskill | Mar 25, 2013 | [sub] conception, Inventorship
A “preliminary” statement about a “possibility” or “potential use,” alongside a recommendation for continued work and a “report back” in the future, falls short of a “‘definite and permanent idea of the complete and operative invention, as it is hereafter to be...
