Tag: USPTO
USPTO 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 MoreUSPTO Provides Interim Guidance for Determining Patent Eligible Subject Matter in View of Bilski Decision
September 2, 2010
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…
Read MoreCharles J. Meyer Celebrates 15-Year Anniversary with Woodard, Emhardt
August 24, 2010
Congratulations to Woodard, Emhardt partner Charlie Meyer on his 15th anniversary with the firm. Charlie started with the firm in 1995 and was elected to the firm partnership in 2001. He currently serves as Chairman of the firm’s Trademark Practice…
Read MoreTrademark Office Consistency Program Extended
August 20, 2010
After assessing the Trademark Consistency Initiative Pilot Program, the United States Patent and Trademark Office (USPTO) has decided to extend and expand the program. The USPTO is expanding the parameters of the program so that a Request for Consistency Review…
Read MoreUSPTO Funding Bill Becomes Public Law
August 16, 2010
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…
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…
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…
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