Tag: US Patent Office
USPTO 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 MoreProvisions of the America Invents Act Effective as of September 16, 2012
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…
Read MoreFirst Ever Satellite Patent Office Opens in Detroit
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…
Read MoreA Tougher Standard for Proving Inequitable Conduct?
June 8, 2011
In a 6–1–4 decision, an en banc Federal Circuit in Therasense, Inc. v. Becton, Dickinson and Company tries to cure the “plague” of inequitable conduct pleadings by raising the bar for proving that alleged bad acts were material to patentability…
Read MoreUSPTO Issues Final Rule to Implement Prioritized Examination
April 14, 2011
On April 4, 2011, the United States Patent and Trademark Office (USPTO) issued a final rule regarding prioritized examination (Track I). The purpose of the rule is to provide a final disposition within twelve months of prioritized status being granted. …
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 MorePatent 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 MoreCase Law Update: Enforcing a Judgment by Levying a Domain Name
June 30, 2010
The Ninth Circuit issued an ironic ruling last month regarding levying domain names to satisfy a prior judgment. In Office Depot, Inc. v. Zuccarini (9th Cir., Feb. 2010), the Ninth Circuit ruled that a creditor can levy a domain name…
Read MoreTrademark Videos on Demand
June 30, 2010
In case you don’t have enough videos to watch, the United States Patent and Trademark Office (“USPTO”) launched a portion of its new Trademark Information Network where anyone can view news broadcast-style videos on its website that cover important topics…
Read MoreFast-Track Examination
June 30, 2010
A pilot program of the Trilateral Patent Cooperation Treaty (“PCT”)-Patent Prosecution Highway began January 29, 2010, and is planned to run for two years. The program fast-tracks patent examinations in the European Patent Office (“EPO”), the Japan Patent Office (“JPO”)…
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 MorePatentability Search – Why Bother?
June 17, 2010
When discussing the fundamentals of patent law with potential clients, we are often asked whether it is necessary, and whether it is a good idea, to conduct a patentability search. The bottom line is that there is no requirement to…
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