Month: September 2010
Tips for Mitigating Claims of Inequitable Conduct
September 21, 2010
Recent decisions by the Federal Circuit have affirmed findings of inequitable conduct based on a failure of the applicant to cite material references that were in the applicant’s possession and not cumulative of other previously-cited references. The result of the…
Read MoreTake Down Provisions: Copyright First. Now Trademark. What Next?
September 16, 2010
Below is a presentation that discusses how the take down provisions of the Digital Millennium Copyright Act (DMCA) have been expanded to not only cover copyrights but other forms of intellectual property, such as trademarks, rights of publicity, patents, etc.…
Read MoreUSPTO Begins Patent Prosecution Highway Pilot Program with Russian Patent Office (ROSPATENT)
September 7, 2010
The United States Patent and Trademark Office (USPTO) is participating in a one-year patent prosecution highway pilot program with the Russian Patent Office. The pilot program will last for one year beginning on September 1, 2010. Under the Patent Prosecution…
Read MoreUSPTO Provides Updated Examination Guidelines In View of KSR Decision
September 3, 2010
The United States Patent and Trademark Office (USPTO) recently published updated examination guidelines regarding obviousness rejections under 35 U.S.C. §103 in light of the United States Supreme Court’s 2007 decision in KSR Int’l Co. v. Teleflex Inc. The updated examination…
Read MoreUSPTO Provides Interim Guidance for Determining Patent Eligible Subject Matter in View of Bilski Decision
September 2, 2010
The United States Patent and Trademark Office (USPTO) has provided interim guidelines for determining subject matter eligibility under 35 U.S.C. §101 for process claims in view of the United States Supreme Court’s 2010 decision in Bilski v. Kappos. The guidelines…
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