The completion of the current re-examination opens the door to moving forward with interference proceedings involving the application that was filed by the Company to provoke an interference with Intel. Initiation of the interference proceedings had been placed on hold by the Patent Office pending completion of the re-examination. The Company last week submitted a request to the Patent Office that the interference now be allowed to proceed.An interference is an administrative proceeding within the Patent Office through which a determination is made of who is entitled to a patent when two parties make claims to the same invention. Under current U.S. Patent Law, the first person to invent an invention is entitled to a patent. An interference is commonly provoked by submitting a new continuation application with claims that were copied from an issued patent or published application. If the owner of the continuation application can show that they are entitled to an earlier priority date than the issued patent, then the party with the issued patent must provide persuasive evidence that they actually invented the claimed subject matter before the earlier priority date of the other party. In this case, the Company’s earliest application describing SVM-RFE was filed in March 2000. Intel’s application for SVM-RFE was filed in August 2005. The patent examiner who is examining the Company’s continuation application has agreed that the claims of the application are identical to those of the Intel patent and that they are, therefore interfering. As a result, the Company is confident that it will prevail and be declared the sole owner of the SVM-RFE method when its claims are compared side-by-side with Intel’s claims.
Health Discovery Corporation Issues Update On Challenges To Intel SVM-RFE Patent
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