http://www.ipwatchdog.com Patents, Software Patents, Patent Applications & Patent Law Wed, 22 May 2013 16:49:08 +0000 en-US hourly 1 http://wordpress.org/?v=3.5.1 http://www.ipwatchdog.com/2013/02/02/food-for-a-super-bowl-party-ip-style/id=34619/ http://www.ipwatchdog.com/2013/02/02/food-for-a-super-bowl-party-ip-style/id=34619/#comments Sat, 02 Feb 2013 13:45:38 +0000 Gene Quinn http://www.ipwatchdog.com/?p=34619 Related posts:

1. The Law of Recipes: Are Recipes Patentable?In most cases the typical recipe for a "killer Margarita" or "the best barbeque sauce ever" will not be patentable, but the only way to know for sure is to understand how the Patent Office reaches its conclusions relating to what can and cannot be patented. It is possible to obtain a patent on a recipe or food item if there is a unique aspect to the recipe, there is something counter-intuitive or a problem (such as self live or freshness) is being addressed. The trick will be identifying a uniqueness that is not something one would typically think to...
2. Obscure Patent: LasagnaFree-standing lasagna product US Patent No. 5,939,113 [ PDF ] [ HTML ] Issued August 17, 1999 This obscure patent is a recipe for lasagna. Yes, lasagna was patented on August 17, 1999. Truthfully, that over exaggerates the situation somewhat, but really only slightly. It is more accurate to say that this particular lasagna recipe [...]...
3. Best Mode Patent-Raptor Claims Another Victim in WellmanWhat is startling about Wellman is how the patentee put the ‘863 and ‘317 patents squarely in the path of the “best mode” Patent-Raptor by deliberately keeping the Ti818 recipe a trade secret. As I’ve instructed numerous clients, you have a clear choice on “best mode” issue: (1) disclose the “best mode” and file the patent; or (2) don’t file the patent if you want to keep the “best mode” as a trade secret. There is simply no “in between” on this issue. The only question now is whether the Tyrannosaurus Rex of patent law (inequitable conduct) will devour what...

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1. KSR the 5th Anniversary: One Supremely Obvious MessOn Monday, April 30, 2007, the United States Supreme Court issued its final decision in the matter of KSR v. Teleflex, which overruled the Federal Circuit's application of the so-called "teaching, suggestion, motivation" test (or simply TSM) as it applies to determining whether an invention is obvious. At least for the last generation (and likely longer) no other Supreme Court case in the patent arena has been nearly as influential as the Court’s decision in KSR v. Teleflex. This is because obviousness is where the rubber meets the road for the patentability of inventions. This 5th Anniversary of the ruling...
2. Patentability Overview: When can an Invention be Patented?Unfortunately, the patentability requirements are frequently misunderstood, including by the United States Supreme Court. For many who are not well versed in patent law one of the reasons it can be confusing when considering patentability is due to the fact that the first of the patentability requirements asks whether the invention exhibits patentable subject matter. This is sometimes phrased in terms of patent eligibility, which leads the many anti-patent zealots and other patent neophytes to erroneously conclude that if an invention is patent eligible then a patent issues. Nothing could be further from the truth, but those who hate the...
3. Another KSR RetrospectiveOn that fateful day some 27 months ago, April 30, 2007 to be precise, the United States Supreme Court decided that the well established and functional bright line rule for obviousness was too rigid.  No longer must there be a teaching, motiviation or suggestion to render an invention unpatentable for obviousness reasons.  No in this [...]...

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