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Expert Analysis

Facing An Ethics Violation After AIA Supplemental Exam

Law360, New York (July 16, 2012, 1:09 PM EDT) -- The America Invents Act 2011, enacted on Sept. 16, 2011, provides for a supplemental examination proceeding, 35 U.S.C. § 257. Section (a) of the statute allows the patent owner to request the U.S. Patent and Trademark Office "to consider, reconsider, or correct information believed to be relevant to the patent, in accordance with such requirements as the [USPTO] Director may establish." Such information is not limited to prior patents and printed publications, but may include any information that affects patentability. The provisions of 35 U.S.C. § 257 become effective Sept. 16, 2012, and apply to any patent issued on or after the effective date....

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