Factual Determinations and Patent Law's Intrinsic/Extrinsic Divide: The Common General Knowledge Case Study
Resource type
Author/contributor
- Aoun, Wissam (Author)
Title
Factual Determinations and Patent Law's Intrinsic/Extrinsic Divide: The Common General Knowledge Case Study
Abstract
To what extent can statements made by an applicant, intrinsic to a patent specification, be accepted as facts? Is this question context-dependent, or is there a hard-line rule that applies across the board? Should it matter what patent law issue is involved: patentable subject matter; obviousness; claim construction? Perhaps most importantly, why does this question matter? What is at stake?
This piece argues that there should be a judicial apprehension towards recognizing the blanket proposition that applicant statements within a patent specification can be accepted as matter of fact supporting a determination regarding common general knowledge. Specifically, there should be a judicial apprehension towards endorsing the acceptance of statements made within a patent specification as factual determinations regarding the state of the art or common general knowledge of a hypothetical skilled artisan, when such assertions lack reference to any factual source that is extrinsic to the patent document. Broadly, this piece argues that the law/fact distinction should be drawn along the corresponding intrinsic/extrinsic distinction.
Genre
SSRN Scholarly Paper
Repository
Social Science Research Network
Archive ID
4988106
Place
Rochester, NY
Date
2024-10-15
Accessed
10/20/24, 9:29 PM
Short Title
Factual Determinations and Patent Law's Intrinsic/Extrinsic Divide
Language
en
Library Catalog
Citation
Aoun, W. (2024). Factual Determinations and Patent Law’s Intrinsic/Extrinsic Divide: The Common General Knowledge Case Study (SSRN Scholarly Paper No. 4988106). Social Science Research Network. https://papers.ssrn.com/abstract=4988106
Author / Editor
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