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It will come as no surprise to patent practitioners that they must disclose to the U.S. Patent and Trademark Office (PTO) all relevant references, e.g., published articles, that are known to them. As the U.S. Court of Appeals for the Federal Circuit recently ruled in Bristol Myers Squibb Co. v. Rhone-Poulenc Rorer Inc., 2003 U.S. App. Lexis 7103 (Fed. Cir. April 15, 2003), a reference may be relevant to the examination of a patent application even if it is published after the patent application's filing dat
June 16, 2003 at 12:00 AM
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The original version of this story was published on National Law Journal
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