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Divided Infringement in the Limelight of the Patent Battle Field
1Institute of Population Health Sciences, National Health Research Institutes, Miaoli County, Taiwan 350; Department of Biological Science and Technology, National Chiao-Tung University, Hsinchu, Taiwan 300; School of Dentistry, China Medical University, Taichung, Taiwan 404.
Abstract:
Diagnostic patents usually comprise multiple steps and can be jointly implemented by different parties. However, in the USA, joint implementation may render diagnostic patents unenforceable in light of recent court opinions. Here, I explain how inappropriate claim drafting may render a diagnostic patent vulnerable to joint implementation.
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