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Atextual Conditions for Patentability and Stare Decisis

Patently O

Steve Gass has a PhD in physics and also a patent attorney. However, the district court concluded that the prior art was not enabling — i.e., a person of skilled in the art would not be able to construct (or even design) the claimed invention without undue experimentation. Double Patenting in the Statute. 593 (2010).

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A few initial thoughts on Loper and the end of Chevron Deference

Patently O

In the past, both the USPTO and patent attorneys have largely ignored the larger scope of administrative law, but in recent years USPTO operations have been under tighter control from the White House, and courts have increasingly asked whether the agency is following the rules. The Loper decision : In Loper Bright Enterprises v.