Journal Article

Negative declarations in patent cases

Dennis Schubauer

in Journal of Intellectual Property Law & Practice

Volume 2, issue 12, pages 790-792
Published in print December 2007 | ISSN: 1747-1532
Published online November 2007 | e-ISSN: 1747-1540 | DOI: http://dx.doi.org/10.1093/jiplp/jpm197
Negative declarations in patent cases

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The Patents Court has ruled that it has discretion to award a claimant a negative declaration that its own product was obvious at the priority date of certain divisional applications. The grant of the declaration sought would assure the claimant that it was not accruing ongoing liability.

Journal Article.  1362 words. 

Subjects: Arbitration ; Intellectual Property Law

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