USPTO Gives New Guidance on Software Inventions

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…

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Provisions of the America Invents Act Effective as of September 16, 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…

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First Ever Satellite Patent Office Opens in Detroit

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…

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A Tougher Standard for Proving Inequitable Conduct?

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…

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USPTO Issues Final Rule to Implement Prioritized Examination

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. …

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USPTO Provides Updated Examination Guidelines In View of KSR Decision

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…

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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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Case Law Update: Enforcing a Judgment by Levying a Domain Name

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…

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Trademark Videos on Demand

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…

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Fast-Track Examination

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”)…

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Restriction Practice Now Under Scrutiny

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…

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Patentability Search – Why Bother?

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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