The Patent Process Amendments Act: The Labyrinth
This complex Act presents numerous questions and issues, yet provides little guidance for one who attempts to interpret its provisions. For example, are the procedures and remedies different when the process is practiced in the U.S. rather than in a foreign country? Does the Act create a cause of action against purchasers of products made by the process? Under what circumstances is notice of infringement required? When notice is required, to whom must notice be sent, and what should the notice contain? What is the extent and applicability of the Grandfather Clause? Does the Act apply to methods of use as well as processes of manufacture? Following a brief discussion of the history of the Act, this Article discusses these questions and possible resolutions. Upon examination, it will be seen that the Act may result in use more widespread than Congress intended.
The Patent Process Amendments Act
Place of Original Publication
Fordham Entertainment, Media and Intellectual Property Law Forum
3 Fordham Intellectual Property Law Journal 441 (1993)
Hitchcock, David L. and Nard, Craig Allen, "The Patent Process Amendments Act: The Labyrinth" (1993). Faculty Publications. 1057.