What Is the Definition of Substantial Claim
Barbara Rose-Collins, shown here in 1993, when a U.S. congressman representing a Detroit district sued the Detroit Free Press after quoting her as saying she “hates” the white race. In fact, the tapetaped interview showed that she said, “I don`t like racing.” Applying the doctrine of essential truth in defamation law, the Michigan Court of Appeals concluded that the two statements were sufficiently close to counteract the defamation allegation. (AP Photo/Barry Thumma, used with permission from The Associated Press)  Paragraph 42.405(2) of CFR 37 states that the application must demonstrate “that a claimed invention originated from an inventor named in the applicant`s application.” In addition, the preamble gives the final rules to 77 Fed. Reg. 56068, 56069 (Sep. 11, 2012), that the “applicant must explain in more detail why the claim is the same or substantially the same as the invention disclosed to the defendant”. [Emphasis added.]  See e.B. Joe Matal, A Guide to the Legislative History of the America Invents Act: Part I of II, 21 Fed.
Cir.B.J. 435, 497 (2011-12) (“That is, the victim must request the proceedings within one year of the publication of his claim relating to the stolen invention”; Emphasis added.). Finally, despite a legitimate concern for fairness, we view with considerable scepticism both the OTP`s extension of the legal tension to the substantive grounds of the petition and its argument that a potential petitioner who makes his own application loses the ability to initiate derivation proceedings because he was not aware of a derivative application filed subsequently. this would deprive due process.  With respect to new § 135(a), the Federal Circuit has not yet established this law. But we think it`s likely that the Federal Circuit will decide either that the legal language is clear (and the broader interpretation of the PTO is therefore invalid), or that its own hard-to-understand jurisdiction, which interprets the old 35 USC 135(b), should control the interpretation of the new 35 USC 135(a). The Federal Circuit will therefore likely view the PTO`s interpretation of the wording of the new 35 USC 135(a) in 37 CFR 42,401 as an outrageous attempt to replace the Court`s views on what is good for the patent system with the views of bureaucrats. (b) (1) A claim that is identical to a granted patent or that relates to the same or substantially the same subject matter as a granted patent may be claimed in an application only if such a claim is claimed one year after the date of grant of the patent.
(i) the same or substantially the same as the invention claimed by the defendant; and the main question in the defence of the essential truth is whether the allegedly defamatory statement as published would have a different effect on the reader`s mind than that of a true statement. But what does “content” mean? According to Cacheris J. The court further stated that substantial truth essentially means that a statement is not false if the content, core or sting of the statement is true. In particular, the application [for publication] must set out the basis for establishing that an inventor named in a previous application derived the claimed invention from an inventor named in the applicant`s application and that the earlier application claiming such an invention was filed without authorization. [Emphasis added.] Often, the law examines the statements as a whole, the core of the matter, and checks whether the “core” of the statements is essentially true. This concept is known as the substantial doctrine of truth. Such a request may be filed only within 1 year from the date of the first publication of a claim relating to an invention identical or substantially identical to the claim of the earlier application for invention. [Emphasis added.] The U.S. Supreme Court casually considered the doctrine of essential truth in Masson v. New Yorker Magazine (1991), a case that dealt with whether the alleged change of a journalist in the citations of a subject constituted a real malice in the defamation law. The court said customary defamation law “neglects minor inaccuracies and focuses on essential truths.” For example, a Detroit newspaper said that an African-American political candidate said, “I hate race,” referring to Caucasians. In reality, the politician had said, “I don`t like racing.” The Michigan Court of Appeals ruled in Collins v.
Detroit Free Press (Mich. Ct. App. 2001), that these two statements were sufficiently close to justify the application of the doctrine of essential truth.  We acknowledge that some commentators have suggested that Congress intends to use a derivative method to deal with obvious variants of derivative inventions. See e.B. Robert A. Armitage, Understanding the America Invents Act and Its Implications for Patenting, 40 AIPLA Q.J. 1, 98 n.384 (2012). However, one of the current authors explained why the legal deletion of article 102 (f) before the AEOI may have compromised the premises for dealing with obvious variants in derived methods and, in any event, the original inventor may not have conceived the obvious variant and may not be able to take the required oath as the original inventor of the obvious variant claim. See Joshua D. Sarnoff, Derivation and Prior Art Problems with the New Patent Act, 2011 Patently-O Pat.
L.J. 12:13-15. Vgl. 35 U.S.C. § 102 Note (discussion of the legislative intention in the AEOI to maintain the continuity of the CREATE Act); N. Scott Pierce, The Effect of the Leahy-Smith America Invents Act on Collaborative Research, 94 J. Pat. & Trademark disabled. Soc`y 133, 141-42 (2012) (Discussion of an earlier legislative proposal to amend the CREATE Act that highlighted the undesirable potential for deletion of Article 102(f) to allow the patenting of obvious variants).
While the preamble to the PTO Rules states that derived information will determine the scope of the subject matter that “would have been expected or evident from the knowledge acquired,” the PTO also recognized that derivation requires “both prior design by the party claiming a derivative and communication of the design.” 77 Fed. . . . . .