"Patent Cooperation Treaty – Implementation v. U.S. Law, 5 J. Marshall " by Richard Lazarus

Home > RIPL > Vol. 5 > Iss. 4 (2006)

UIC Review of Intellectual Property Law

Article Title

Patent Cooperation Treaty – Implementation v. U.S. Law, 5 J. Marshall Rev. Intell. Prop. L. 641 (2006)

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Abstract

What ways can an individual attack the enforceability of a patent that relies on the benefit of an earlier filed Patent Cooperation Treaty application (“PCT”)? This article highlights the top five PCT issues that an attorney should look for to successfully defend a client against infringement. The strategies discussed include: (1) searching for new matter; (2) searching for errors in inventorship; (3) examining an international filing date; (4) checking for withdrawal of an international application; and (5) examining estoppel arguments in international applications.

Recommended Citation

Richard Lazarus, Patent Cooperation Treaty – Implementation v. U.S. Law, 5 J. Marshall Rev. Intell. Prop. L. 641 (2006)

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