Pitfalls and Strategies to Avoid Charges of Inequitable Conduct

On November 30, 2010, Woodard, Emhardt attorney John Bradshaw was a featured speaker in a webinar entitled “Summary of Pitfalls and Strategies to Avoid Charges of Inequitable Conduct.”  The webinar was part of the Practical Tips for Young Lawyers series…

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Patent Office Publishes Proposed Revisions to Ex Parte Appeals Rules

The United States Patent and Trademark Office (USPTO) has published a notice containing proposed revisions to the rules governing ex parte appeals before the Board of Patent Appeals and Interferences.  The proposed rulemaking first rescinds the 2008 Final Rules, which…

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Patent Office Releases Revised Strategic Plan

The United States Patent and Trademark Office (USPTO) has released a revised version of its 2010-2015 strategic plan.  The revised plan lays out a number of goals and initiatives, with some revisions based on feedback received from the patent and…

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Could Your Business Benefit From a Federal Trademark Registration?

Trademarks are often the most valuable piece of a business’s intellectual property portfolio.  For example, consider the marketing value of the marks Coca-Cola® and the Nike swoosh.  The potential tremendous marketing value of trademarks combined with substantial legal benefits make obtaining a…

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Patent Office Considers Program to Fast-Track Reexamination of Humanitarian Technologies

The United States Patent and Trademark Office (USPTO) is seeking public comments through November 19, 2010, about a proposal to incentivize the creation and wider distribution of technologies that address humanitarian needs.  Under the proposed pilot program, accelerated reexamination of a patent…

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Tips for Mitigating Claims of Inequitable Conduct

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…

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USPTO Begins Patent Prosecution Highway Pilot Program with Russian Patent Office (ROSPATENT)

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…

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USPTO Provides Interim Guidance for Determining Patent Eligible Subject Matter in View of Bilski Decision

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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USPTO Funding Bill Becomes Public Law

The United States Patent and Trademark Office (USPTO) was successful in its lobbying efforts to get an important funding bill (H.R. 5874) passed by Congress and signed by the President.    The legislation allows the USPTO to increase its spending authority…

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IRAQ – Trademark Office Publishes the Trademarks which their Records Have Been Damaged During the War

The Iraq Trademark Office posted in its official website, the list of trademarks which files have been lost during the war. The first group of the missing trademark files includes the files of trademarks (1 -16090).  Trademark Owners are required…

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Patent Marking – Patent Owner Beware

How often have you noticed that a product bears a label of “patent pending” or “U.S. Patent No.”?  But, what if that patent does not cover the product?  Or maybe there is no “patent pending”?  Well, anyone could have a…

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I Started Selling My Invention; Can I Still Get a Patent?

Clients often want to know if they can file a patent application after they started selling, offering for sale, or telling the public about their invention. In most circumstances, the answer is ‘yes’; however, it is not without some caveats.…

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