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Posts Tagged ‘Hilmer doctrine’

CAFC Weekly: July 9, 2010

by Orlando Lopez

In two precedential opinions, the CAFC considered priority dates of applications in one, and claim construction and damages in the other.

The CAFC, in the case of  In re Giacomini, held that for an application claiming priority of a provisional patent application, the resulting US patent or the published patent application will be considered prior art as of the filing date of the provisional patent application.  Although the USPTO had already stated this in a USPTO Board of Appeals (BPAI) decision, there was some tension between the BPAI decision and a prior, predecessor Court decision, the so-called “Hilmer doctrine.”   Read the rest of this entry »