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@patentspro
What to do with the Machine or Transformation test?
I’ve written previously about the upcoming supreme court decision for the Alice Corp. v. CLS Bank case that will possibly and definitively determine whether software is patentable. The test for patentability has primarily been one of whether the patent…
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Free Intellectual Property Primer Course
Are you interested in learning more about intellectual property? Maybe you want to understand patents better, or copyrights or trademarks? With patent reform discussion in the legislative process and high profile court cases about patented technology…
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Patent Vitriol
Patent reform, where art thou? This is a phrase I read recently in response to an article about a device manufacturer that went out of business as a result of a patent lawsuit from a competitor who was first to market and had a patent. More and more, I…
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How to Find a Reexam
Have you ever wondered how to tell if a patent has been subject to a reexamination (“reexam”) proceeding? Maybe you want to know the status of a reexamination you read about in the news, or maybe you are a practitioner looking for recent examples of…
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Burden of proof of patentability in litigation shifts to patent holder?
The Federal Circuit has announced a new rule governing the obviousness of selection inventions:
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Acceptable Alternative Language
Have you ever wanted to word something a particular way in a filing to the patent office to convey a specific idea or nuance, but refrained from doing so because you felt the patent office would only accept a specified set of magic words? In at least…
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Disclosure of Foreign Office Actions in an IDS
For any patent practitioners involved in foreign filing, either filing from your home country to another country or filing an application from another country in your home country, you have likely encountered the question of what is your duty to…
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Increased Term for filing a Response
In case you missed it, the Patent Law Treaty of 2000 (PLT) took effect December 18, 2013. The…
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Patent Term Adjustment (PTA) modified by CAFC
On January 15, 2014, the U.S. Court of Appeals for the Federal Circuit held that patentees are eligible for patent term adjustment (PTA) for the period between a Notice of Allowance and issuance if the period occurs more than three years after filing.
A…
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Best Mode of the Invention
Back before the America Invents Act (AIA) went into place, changing 35 U.S.C., there existed something called the “best mode requirement”. Part of trade-off for getting a patent, or an exclusive limited-time monopoly on your invention, is that you…
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Ambiguities in Post-AIA 35 U.S.C. 102
On March 16, 2013, the new statutory provisions of 35 U.S.C. 102 went into effect. 35 U.S.C. 102 reads as follows:
35 U.S.C. §102.
(a) Novelty; Prior Art.— A person shall be entitled to a patent unless—
(1) the claimed invention was patented, described…
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Predictions for 2014
Robert Stoll, the former Commissioner for Patents at the USPTO, recently wrote an article outlining his predictions for the year 2014 and what we may be able to expect for the year.
I’ve mentioned it in an earlier post, but the Supreme Court granted cert…
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Assignee signing of Patent Documents
This post is a heads up for those not aware of the issues surrounding assignee signing of documents for submission to the USPTO. When a matter is assigned to a juristic entity (i.e. corporation; see below), the patent practitioner must sign all documents…
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Process for Obtaining a Utility Patent
Process for Obtaining a Utility Patent
Text Version
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A humorous look at inventions
An inventive process can be different for everyone. How someone arrives at a particular idea, concept or improvement may take any number of forms. A comedy troupe called Studio C has created a video that shows someone coming up with various ideas for…
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Filing multiple patents on a single device
I recently completed drafting an application for a client based on his original disclosure. As we…
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Celebrate Christmas with some Fun Christmas Tree Patents
For Christmas this year, I thought I’d share some fun U.S. Christmas tree patents. You probably…
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