March 29, 2013

The presentation and accompanying video below generally concerns the procedures and rules for identifying whether or not patent applications are subject to the America Invents Act, commonly known as the AIA. It more specifically concerns the procedures and practices for…

March 21, 2013

Is a person who lawfully obtains a book from overseas allowed to redistribute the book in the United States without paying royalties to the original copyright owner? That is the question the Supreme Court addressed in its ruling in Kirtsaeng…

March 18, 2013

Representatives Peter DeFazio (D-Ore.) and Jason Chaffetz (R-Utah) recently reintroduced H.R. 845, the Saving High-tech Innovators from Egregious Legal Disputes, or SHIELD Act. The bill seeks to “protect American tech companies from frivolous patent lawsuits that cost jobs and resources”…

February 19, 2013

The USPTO recently published final rules implementing the first-inventor-to-file provisions of the America Invents Act (AIA) that take effect on March 16, 2013.  The full text of the new rules is available here.  The USPTO also published examination guidelines accompanying…

February 7, 2013

On January 18, the United States Patent and Trademark Office (PTO) issued new rules setting and adjusting patent fees. Under the America Invents Act (AIA), the PTO has increased authority to set and change the fees it charges in order…

January 3, 2013

With confetti still lingering in the air Congress passed H.R. 6621 which includes many technical amendments to the America Invents Act.  The passing of H.R. 6621 was not without a small amount of controversy as a section dealing with still…

December 10, 2012

Manufacturers of goods often seek to control how their goods are advertised or otherwise presented to the public.  One method of doing so is by creating a “Minimum Advertised Price” or “Manufacturer’s Suggested Retail Price.”  However, doing so may present…

November 26, 2012

You’ve probably heard this story before.  A little known patent holder begins a licensing campaign sending letters to hundreds of companies letting them know that they need a license to its patent.  The letters continue and offer discounts for early…

November 19, 2012

What should you do if the U.S. Government infringes your patent?  Under 28 U.S.C. §1498, whenever the government uses or manufactures a invention covered by a patent of the United Stated, without a license from the owner, the owner may…

October 23, 2012

While obtaining a patent can be a rather lengthy process, the US Patent and Trademark Office (USPTO) does in fact provide a number of tools and procedures for speeding up prosecution of a patent application. Potential procedures for speeding up prosecution…

September 19, 2012

Provisions of the America Invents Act Effective as of September 16, 2012 The America Invents Act (IAI) is now one year old and several important provisions are now in effect.  Some of these provisions are important to both patent holders…

July 20, 2012

The United States Patent and Trademark Office (USPTO) opened the first ever satellite patent office in Detroit, Michigan amid fanfare on July 13, 2012. USPTO Director David Kappos swore-in the office’s first seven USPTO Board Judges who will preside over…