Posts Archive


Luxury Goods Brand Alfred Dunhill Wins Major Trademark Ruling in China

In early October, the British luxury goods brand Alfred Dunhill announced that it had secured a major victory in a long-running trademark battle in Chinese courts against …
By Steve Brachmann
14 days ago 0

Unintelligible and Irreconcilable: Patent Eligibility in America

The Alice/Mayo framework does not mandate a conclusion, it tolerates – even enables – whatever conclusion the decision maker prefers. This is allowed because of a universe of …
By Gene Quinn
15 days ago 20

USPTO Announces Access to Relevant Prior Art Initiative to Import Prior Art Citations into Patent Applications

The USPTO recently announced the implementation of the first phase of the Access to Relevant Prior Art (RPA) Initiative. The initiative is being designed to reduce the …
By Steve Brachmann
15 days ago 1

Sensitive personal data in HR functions: climbing the ladder of legal bases

The GDPR's entry into force has forced HR teams across the US and EU to re-evaluate the ways in which they justify the use of personal data …
By Sam Rayner
15 days ago 0

USPTO to Propose Rule Requiring Foreign Trademark Applicants to Use U.S. Licensed Attorneys to File Documents

The U.S. Patent and Trademark Office is working on developing a rule that would require foreign trademark applicants and registrants to be represented by a U.…
By Steve Brachmann
16 days ago 1

Trade Secrets: Intellectual Property Considerations and Guidance for Start-Ups

Trade secret holders must take reasonable precautions to maintain the secrecy of their secrets, such as keeping such information on a “need-to-know” basis. Companies should have clear …

A Patent Dream Come True

The US Patent Office – of which the PTAB is a part – issues patents.  That’s why it exists.  So if the PTAB finds an error in a …
By Aaric Eisenstein
17 days ago 5

Boston Patent Law Association Announces Support for IPO-AIPLA Section 101 Legislative Fix

The Boston Patent Law Association (BPLA) has announced its support for a proposal for a legislative fix to 35 U.S.C. § 101, the statute governing basic patentability in …
By Steve Brachmann
17 days ago 14

Why isn’t Congress Upset about Judicial Exceptions to Patent Eligibility?

Some courts have characterized this final inquiry as “the hunt for the inventive concept.” That would make some logical sense if and only if a claimed invention …
By Gene Quinn
18 days ago 29

Patent Assertion Entities Invest Twice as Much in R&D as Major U.S. Tech Firms

Rather than frustrate innovation, Maurer and Haber found that patent assertion entities have research and development expenditures which, on average, are twice that of U.S. high …
By Steve Brachmann
18 days ago 2

Visualizing Outcome Inconsistency at the USPTO

In an ideal world, your chance of getting a patent allowed is based on the merits of your patent application and independent of the largely random assignment …
By Jeff O’Neill
19 days ago 15

Supreme Court to Determine if Federal Government Is a ‘Person’ Eligible to Petition the PTAB

The case will ask the highest court in the nation to determine whether the federal government is a person who may petition the Patent Trial and Appeal …
By Steve Brachmann
19 days ago 1

Stan Honey, Inventor of the 1st & 10 Yellow Line First Down Marker

Stan Honey’s advances in sports graphics technology are outlined in the patent for which he was inducted into the National Inventors Hall of Fame. U.S. …
By Steve Brachmann
19 days ago 2

The USPTO Must End Repeated and Concerted Patent Attacks

Why is it that innovators such as Universities and independent inventors are caricatured as patent trolls while entities such as Unified Patents and RPX, who exist for …
By Gene Quinn
20 days ago 28

What are the Priority Date, Patent Term, and Effective Filing Date of a Patent: The Roles of Specific Reference, Incorporation by Reference, and Claim Support

A recent Federal Circuit decision demonstrates that for priority claims and patent term, the phrase “specific reference” is key. For example, amongst three related applications, to get …

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