Tag: Patent Law
Patent Marking – Patent Owner Beware
July 12, 2010
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…
Read MoreI Started Selling My Invention; Can I Still Get a Patent?
July 7, 2010
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.…
Read MoreCase Law Update: Biotech Patents Invalidated for Failing to Disclose the Best Mode
June 30, 2010
The Federal Circuit has affirmed an International Trade Commission (ITC) decision finding two asserted patents invalid because they did not satisfy the best mode requirement of 35 U.S.C. §112. The two patents relate to improved methods of producing L-lysine using…
Read MoreSupreme Court Issues Long-Awaited Bilski Decision
June 30, 2010
At long last, the Supreme Court has issued its opinion in Bilski v. Kappos. As widely expected, the Court affirmed the unpatentability of Bilski’s risk-management method. With a majority opinion authored by Justice Kennedy and concurring opinions offered by Justices…
Read MoreBilski v. Kappos (Supreme Court 2010)(08-964)
June 28, 2010
At long last, the Supreme Court has issued its opinion in Bilski v. Kappos. As widely expected, the Court affirmed the unpatentability of Bilski’s risk-management method. With a majority opinion authored by Justice Kennedy and concurring opinions offered by Justices…
Read MoreRestriction Practice Now Under Scrutiny
June 23, 2010
For all those who have been confused and/or down right frustrated by a restriction requirement or two … (Haven’t we all?) … the United States Patent and Trademark Office will be accepting written public comments on restriction practice until August…
Read MorePatent Examiner, Will You Please Ignore My Recent Issue Fee Payment Until After You’ve Considered This New Reference?
June 10, 2010
Occasionally, a patent practitioner will become aware of a prior art reference after the issue fee has been paid, and the question becomes—will the examiner consider the reference at this late stage? The short answer is “yes”. But as you…
Read MoreI Want a Patent – How Soon Is Too Soon?
June 3, 2010
Clients and prospective clients are often eager to obtain patent protection even though their new product (invention) is still “under development”. They often ask: “When should I file a patent application?” and “What type of application should I file?” If…
Read MoreDirector Kappos Comments on Written Description Requirement
May 12, 2010
The Court of Appeals for the Federal Circuit (CAFC) recently issued on en banc decision in Ariad Pharmaceuticals, Inc. v. Eli Lilly & Co., essentially leaving the written description requirement intact. In that case, Ariad filed a patent application relating…
Read MoreInequitable Conduct Law Continues to Evolve
May 5, 2010
Avid Identification Sys. v. Crystal Import Corp., No. 09-1216 (April 27, 2010) In Avid, Dr. Hannis Stoddard, who was the founder and president of the company, hired three engineers to develop a product based on his idea of identifying and…
Read MoreUSPTO Considers Extending Provisional Patent Duration from 12 to 24 Months
April 14, 2010
The United States Patent and Trademark Office (USPTO) is considering making a change to pendency of provisional patent applications. The change, if adopted, would somewhat extend the existing 12‑month provisional application period to 24-months. This change would be implemented through…
Read MoreNew Patent Reform Bill Seeks to Apply Daubert like Gatekeeping to Damages Theories
April 7, 2010
Prior unsuccessful attempts to reform the U.S. patent system and rein in massive damages awards have sought to limit damages to the actual economic impact attributable to the claimed invention. In its most recent bill, the U.S. Senate has shifted…
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