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A spokesman for the agency confirmed the resignation but declined to comment further.

Lee was nominated by President Barack Obama and confirmed to the role in March 2015.

The underlying rationale for this requirement is that the patentee must set forth clearly the line of demarcation between what is protected by the patent and what is not in order that a third party may have a reasonable standard by which to determine whether particular conduct will infringe the patent.

For purposes of evaluating validity, each patent claim is considered separately.

If the technology falls within the claims, the next phase of evaluation is to determine whether the patent is valid. As an initial step in evaluating the validity, it is frequently desirable to obtain a copy of the United States' Patent and Trademark Office's "file wrapper." The file wrapper contains a copy of the application as filed and the communications between the applicant and the Patent and Trademark Office which resulted in issuance of the patent.

If the patent is invalid, there can be no infringement, regardless of whether the technology is embraced by the claims. A review of the file wrapper frequently enables one to determine what rejections of claims were made by the patent office examiner, on what grounds those rejections were made, and what prior art was made of record.

The statute also requires that the specification conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his or her invention.

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Tech companies were awash in frivolous lawsuits, many involving software patents, filed by "patent trolls" — companies that control intellectual property but derive much of their income from legal action rather than the manufacture of goods.

With respect to publications and foreign patents, it is necessary to look at the date of actual publication or opening to the public.

While the minimum acceptable date of prior art is a date preceding the filing date of the patent application which became the patent being challenged, it is preferable to seek prior art with a date more than one year earlier than the filing date of such application.

Another approach to invalidating a patent is to prove that the invention was in public use or on sale in the U. more than a year prior to the date of the application.

If one can prove that the invention was known or used by others in the U. or patented or described in a publication in any country before the invention thereof by the applicant, the patent is invalid.

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