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Re: iankelly post# 16429

Monday, 03/10/2014 11:48:11 AM

Monday, March 10, 2014 11:48:11 AM

Post# of 46518
The 1995 rule required the provisional date and serial number in the front page of the patent, the USPTO is on charge of that and made the mistake of not doing that, Worlds notified them of the error which is on the record but they still did not correct, the law changed on 2001 before the patent issued in which if the application references the provisional application date and serial number than the patent holder is covered.

That has been Worlds position that a Certificate of Correction wasn't required based on the 2001 law but went to the USPTO to get the certification to confirm the patents validity which the USPTO issued .
This is the basis on which WDDD has requested a Markman date because the patents are valid and Activision continues to infringe with the release of Hero's after the Certificates were issued.