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Good post. I would worry about the application of Candor Toward the Tribunal rule to the PTO. Specifically, the duration of the candor in Model Rule 3.3(c) (37 CFR § 11.303(c)). The "duties stated in paragraphs (a) and (b) continue to the conclusion of the proceeding..." But when is the conclusion of the proceedings? Is the conclusion of the proceedings after the patent issues? Or after a patent expires? Or somewhere in between that twenty year span?
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Any thoughts on Judge Newman's comments on copying?
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Jun 25, 2012