Abstract

ABSTRACTThe Federal Courts are ruling that six out of every ten of the patents brought before them in infringement suits are invalid, and hence unenforceable. This high mortality rate of patents in the courtroom poses a major problem for inventors and innovative corporations who wish to protect their inventions against theft by others.This paper provides some general guidelines for inventors and innovative corporations to follow in order to obtain court enforceable patents. In it the Author develops these guidelines in two stagers First, he illustrates how the procedures and limitations of the U.S. Patent and Trademark Office often met the stage for the issuance of invalid patents. Specifically, he explains why the Patent Office often fails to consider the beat “prior art” when deciding whether or not to grant a patent and how this can invalidate a patent. Second, he points out what step the inventor can take to secure stronger patent protection while his patent application is being prosecuted before the U.S. Patent and Trademark Office.

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