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Author Question: Hypothetical: ABC Corp has developed a business method and software program for an Internet ... (Read 106 times)

Davideckstein7

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Hypothetical: ABC Corp has developed a business method and software program for an Internet application. ABC Corp has filed a patent application but the patent examiner has denied the application based on obviousness. Discuss the appeals process for ABC Corp
 
  What will be an ideal response?

Question 2

For the last three years, Timothy has painted Harriet's barn free of charge. This year, Harriet tells Tim, I have season tickets to the opera. In exchange for you painting my barn all these years, I'm going to give them to you. Is there a binding contract?
 
  What will be an ideal response?



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Liddy

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Answer to Question 1

The applicant can appeal the decision to the Board of Patent Appeals and Interferences (BPAI). The Manual of Patent Examining Procedure sets forth the procedures appeals. The applicant can then seek judicial review of the decision of the BPAI and file an appeal with the United States Court of Appeals for the Federal Circuit and then the U.S. Supreme Court.

Answer to Question 2

No, because painting the barn was past performance, which cannot be used as consideration for the promise to give the tickets.





 

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