Blog
Woodard Emhardt Celebrates World IP Day
April 22, 2020
Sunday, April 26 is World Intellectual Property Day, a day to celebrate and learn about the role that intellectual property rights play to encourage and facilitate innovation and creativity. Originally created by the World Intellectual Property Organization (WIPO) in 2000,…
Read MoreChanges in USPTO Rules Due to the Coronavirus Outbreak
April 6, 2020
The United States Patent and Trademark Office has made several temporary rules changes in response to the coronavirus outbreak. These rule changes include: Extension of patent and trademark related deadlines. On March 31, the USPTO announced extensions to the time…
Read MoreIP Gotchas: Failing to Recognize Your Company’s Intellectual Property Assets
March 26, 2020
Companies routinely focus on development and marketing of new ideas, particularly in the early days as a startup. Protecting intellectual property is often set aside for later after the idea takes off and the marketplace has indicated “there is something…
Read MoreDebunking the "Poor Man's Patent Myth"
March 19, 2020
Myth: If I write down my invention and mail it to myself through the USPS, I will receive some level of patent protection on my invention. (In some versions of the myth, I will receive protection only if I do…
Read MoreUsing a Webpage as a Specimen for Products Associated with a Trademark
April 18, 2019
When registering a trademark, the Patent and Trademark Office requires the submission of a specimen to show that a trademark is being used in interstate commerce. It is often tempting to simply submit a screenshot of a webpage showing the…
Read MoreAmazon Debuts New Pilot Program to Combat Utility Patent Infringement
February 12, 2019
It has become more and more routine in the past few years for a client to call Woodard, Emhardt, Henry, Reeves & Wagner, LLP regarding an infringing item being sold on Amazon. Often the seller is new and/or located overseas. …
Read MoreUSPTO Gives New Guidance on Software Inventions
January 25, 2019
Earlier this month, the United State Patent and Trademark Office released new guidance for its Examiners to help them better determine when an invention is too abstract to be patentable. This latest effort by the Patent Office brings more clarity…
Read MoreIPR Is Here to Stay, With Even Greater Stakes
April 25, 2018
On April 24, the Supreme Court issued two important decisions on the availability and scope of post-grant Inter Partes Review (IPR) by the U.S. Patent and Trademark Office. The IPR process allows the PTO to review and potentially cancel claims…
Read MoreUSPTO Increasing Patent Fees for 2018
November 16, 2017
The USPTO has issued a final rule, “Setting and Adjusting Patent Fees during Fiscal Year 2017” to set or adjust certain patent fees. Notably, the rule increases a large number of fees including filing fees, search fees, examination fees, and…
Read MoreAIPLA Provides Legislative Proposal on Patent Eligible Subject Matter
May 17, 2017
The AIPLA has provided a new Legislative Proposal and Report on Patent Eligible Subject Matter under 35 U.S.C. § 101. This report urges congressional action to overhaul, and indeed expressly overrule the current judicially created framework under section 101 in…
Read MoreMagistrate Judge in Eastern District of Texas Adds to the Developing Jurisprudence of Estoppel in the Context of IPRs and 35 U.S.C. § 315.
May 16, 2017
A magistrate judge in the Eastern District of Texas has recommended to the Court on May 11, 2017 that Microsoft be estopped from raising certain defenses at trial stemming from a total of six (6) IPRs filed by Microsoft against…
Read MoreInventor Info Chat "How to File a Patent Application" Webinar
April 17, 2017
On April 20, 2017, the USPTO Office of Innovation Development will be presenting an Inventor Info Chat on “How to File a Patent Application.” The chat will be held online from 11 a.m. – noon. Topics included in this chat…
Read More