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Posts Tagged: novelty


It is absolutely critical to understand that a reference such as an issued patent or published patent application does not need to be identical to an invention in order for the reference to qualify as prior art A reference…

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The issue of interest in this case centered around whether there was a pre-AIA b on-sale bar You might expect such issues not to be worthy of a Federal Circuit precedential opinion but there was an issue with respect…

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Logically if the application does not describe an invention in terms that allows one skilled in the art to make and use it then the Patent Office should not have sufficient information to suggest that the application is not…

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While the search for prior art won't likely be impacted the value of the prior art located will be dramatically impacted according to Ken Hattori partner in the Washington D C firm of Westerman Hattori Daniels Adrian LLP US…

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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…

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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…

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The effort to shoehorn foreign patent priority concepts and torture a well-developed year-old American patent system that has a proven record as the best in the world into foreign structures that are inconsistent with the American Constitution and its…

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The United States Constitution grants to the Congress the power to grant patents this power residing in the Congress is found in Article I Section Clause Unlike most of the enumerated powers granted to Congress in the Constitution the…

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In order to have a patentable business method it is necessary for the invention to accomplish some practical application In other words in order for a business method to be patentable it must produce a useful concrete and tangible…

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I frequently am told by inventors that they have searched the marketplace and cannot find anything like their invention I am also frequently told that they have done a patent search and cannot find anything that remotely resembles what…

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I continually preach to inventors the need to follow what I call a business responsible approach which is really just my way of counseling inventors to remember that the goal is to not only invent but to hopefully make…

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Earlier this week Apple Inc had three patent application publish on what most would consider strange overbroad and or dubious inventions The patents largely follow the same formula the drawings are remarkably similar and all relate back to provisional…

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