Posts Tagged: prior art


Supreme Court to Weigh in on Damages for Design Patent Infringement

Recent decisions from the U.S. Court of Appeals for the Federal Circuit regarding damages available in design patent cases highlight the court’s divergence from its …

The patent system will survive, but not thrive over the short term

Bruce Kisliuk: ''Those with more resources have some advantages in any litigation. That’s one reason a patent right is important, it can level that playing field …
By Gene Quinn 5 months ago 1

Searching the Art Behind Innovation

For many innovations, in addition to doing a traditional patent search it will be of the utmost importance to search European and east Asian literature, particularly literature …
By Stephan Sangwon Kim 7 months ago 2

The importance of a quality patent search for strategic monetization of innovation

Properly used, a qualified search can be one of the most cost-effective and valuable tools a company can have to not only capture and create innovation, but …

CAFC Says Prior Art Reference Sufficiently Enabled Based on Applicant Admissions

As applied to Morsa’s application, the Court found that the specification made numerous admissions regarding the knowledge of a person of skill at the time of …

USPTO changes method for correcting foreign priority claims

Because the AIA does make foreign priority claims relevant, the USPTO will now require that any correction of the identification of the foreign application (by application number, …
By Gene Quinn 8 months ago 4

USPTO denies Kyle Bass IPR patent challenge against Acorda Therapeutics

The USPTO declined to initiate an inter partes review of two patents owned by Acorda Therapeutics, Inc. Acorda patents were challenged by the Coalition for Affordable Drugs, …
By Gene Quinn 9 months ago 5

A Simple Concept Within an Inventor’s Knowledge Does Not Make It Analogous Art

The issue was whether the disputed prior art is sufficiently “analogous” to the art of marking interface plates for it to be applied in a proper obviousness …

The Myth of the 18-Month Delay in Publishing Patent Applications

Starting in November 2000, the USPTO started publishing patent applications 18 months after their earliest filing date. So the simple assumption is that you file a patent and 18 months …
By John F. Martin 10 months ago 8

Patent Drafting: Identifying the Patentable Feature

Without a patent search you will invariably describe all aspects of the invention with equal importance, although we know from experience that there will always be certain …
By Gene Quinn 1 year ago 4

USPTO to Hold Crowdsourcing Roundtable on December 2, 2014

The United States Patent and Trademark Office (USPTO) will be conducting a roundtable on December 2, 2014 to solicit public opinions concerning the USPTO’s use of crowdsourcing to …
By U.S.P.T.O. 2 years ago 0

The Risk of Not Immediately Filing a Patent Application

I do not begrudge anyone their point of view, or suggest that there is but one right way to successfully get from point A where you have …
By Gene Quinn 2 years ago 1

PTO Seeks Comments on Crowdsourcing Prior Art

Last week the United States Patent and Trademark Office announced that they will be holding a roundtable event on April 10, 2014, to discuss President Obama's desire to find …
By Gene Quinn 2 years ago 7

I Can’t Find Prior Art for My Invention

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 …
By Gene Quinn 2 years ago 12

The Impact of the First-to-File System on Premature Disclosures of Inventions on Social Media Websites

Social media websites such as Facebook, LinkedIn and Twitter, have changed the manner that businesses communicate and market their products and innovations. Although these tools may be …
By Mark Wallerson 3 years ago 3