IDEAS home Printed from https://ideas.repec.org/a/eee/worpat/v22y2000i3p191-203.html
   My bibliography  Save this article

Of submarines and interference: legal status changes following citation of an earlier US patent or patent application under 35 USC §102 (e)

Author

Listed:
  • Simmons, Edlyn S.
  • Spahl, Bettina D.

Abstract

The changes in legal status of issued US patents which may result from the resolution of conflicts with patents of earlier date under 35 USC §102 (e) are reviewed. Some suggestions on how these changes may be tracked are provided. Resolution of these conflicts is often delayed by the existence of submarine patents, i.e., patent applications that have an earlier date but are published much later or are otherwise not known to the initial patentee. Resolution is also complicated by the "first to invent" concept in US patent law. The types of action resulting from the operation of 35 USC §102 (e) are described with reference to specific cases, and include interference, infringement and validity resolution, reexamination, reissue applications and disclaimers.

Suggested Citation

  • Simmons, Edlyn S. & Spahl, Bettina D., 2000. "Of submarines and interference: legal status changes following citation of an earlier US patent or patent application under 35 USC §102 (e)," World Patent Information, Elsevier, vol. 22(3), pages 191-203, September.
    • Handle: RePEc:eee:worpat:v:22:y:2000:i:3:p:191-203
    as

    Download full text from publisher

    File URL: http://www.sciencedirect.com/science/article/pii/S0172-2190(00)00046-6
    Download Restriction: Full text for ScienceDirect subscribers only
    ---><---

    As the access to this document is restricted, you may want to search for a different version of it.

    More about this item

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:eee:worpat:v:22:y:2000:i:3:p:191-203. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Catherine Liu (email available below). General contact details of provider: http://www.elsevier.com/wps/find/journaldescription.cws_home/654/description#description .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.