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Clearing Up Confusion on SEPs: A Line-by-Line Response to a Problematic Essay
I recently became frustrated after reading an essay in the AIPLA newsletter by an attorney with Taft Stettinius & Hollister LLP on the topic of the new USPTO-DOJ-NIST …
New USPTO Commissioner for Trademarks Appointed
The U.S. Patent and Trademark Office (USPTO) announced today that Secretary of Commerce Wilbur Ross has appointed David Gooder to be the new USPTO Commissioner for …
Severing the Link Between IP and Biomedical Innovation Isn’t the Answer to Global Health Care Challenges
The cost of medicines is on the agenda this week at the World Health Organization’s annual executive board meeting in Geneva. Nongovernmental organizations and certain middle-income …
The U.S.-Mexico Patent Prosecution Super-Highway
For the past several years, the patent offices in the United States and Mexico have operated under a type of patent examination fast-tracking and work-sharing agreement known …
Arent Fox LLP Is Looking For An Experienced Patent Attorney Or Agent
Arent Fox LLP has an open position for a patent attorney or patent agent with 2-4+ years of experience in patent preparation and prosecution for their Los …
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U.S. Patent System Holds Steady in Second Place in 2020 International IP Rankings
The U.S. Chamber of Commerce Global Innovation Policy Center (GIPC) released its eighth annual International IP Rankings. The United States achieved the top overall ranking as …
Federal Circuit Affirms PTAB Obviousness Finding, But Warns Samsung Board’s Authority to Cancel Claims Has Limits
The Federal Circuit in a precedential decision issued earlier today affirmed the Patent Trial and Appeal Board’s finding that Claim 11 of Prisua Engineering Corp.’s U.…
The PTAB Precedential Opinion Panel’s Hulu Decision: Any Guidance is Better than No Guidance
An IPR petition must be based “only on a ground that could be raised under [35 U.S.C. §§] 102 [anticipation] or 103 [obviousness] and only on the basis of …
CAFC Rules PTAB Did Not Err in Finding Philips Patent Obvious in Light of General Knowledge of POSITA
On January 30, the Court of Appeals for the Federal Circuit (CAFC) affirmed the Patent Trial and Appeals Board’s (PTAB) decision rendering claims 1-11 of U.S. …
On Claim Construction, Predictability, and Patent Law Consistency: The Federal Circuit Needs to Vote En Banc
The Federal Circuit needs to go en banc more often. That is the unmistakable lesson not just in light of the Supreme Court’s recent denials of …
This Week in Washington IP: Supercharging Defense Innovation, Small Business Programs Review and Advancing Biomedical Sciences
This week in the Washington DC IP activities, House of Representatives committees will hold hearings focusing on the Department of Energy’s role in advancing biomedical sciences, …
A Look at the Inventor Rights Act: Restoring Injunctive Relief and Immunizing Inventors Against the PTAB
In mid-December 2019, Congressmen Danny Davis (D-IL) and Paul Gosar (R-AZ) introduced the Inventor Rights Act of 2019 into the House of Representatives. If passed, the bill would do …
A Window is Open to Save U.S. Patents—Don’t Let it Slam Shut
There is a window open for legislative action on patent reform, and the innovator community is blowing it. Google fired its lobbyists in Washington, D.C., and …
Harrity & Harrity Seeking Highly Experienced Patent Attorneys
Harrity & Harrity, LLP is looking for highly experienced, remote patent attorneys to review patent applications and patent application prosecution for leading global technology companies, including numerous Patent 300™ …
Who is Winning the AI Race?
Much has been written about how artificial intelligence (AI) and machine learning (ML) are about to transform the global productivity, working patterns and lifestyles and create enormous …
Other Barks & Bites, Friday, January 31: Apple/ Broadcom Hit With $1.1 Billion Jury Verdict, Greta Thunberg Seeks Trademark Protection, and Bloomberg Supports Drug Patent Limits
This week in Other Barks & Bites: a California jury awards Caltech $1.1 billion in patent damages against Apple and Broadcom; the Federal Circuit affirms a PTAB obviousness finding …
Brexit is Finally Happening: Here’s What to Expect for IP
The Withdrawal Agreement Act 2020 received Royal Assent on January 23 and was approved by the European Parliament on January 29. That means that the UK will leave the European …
Harrity & Harrity LLP Is Looking to Expand Its Patent Practice
Harrity & Harrity, LLP is looking for remote or local, full-time patent professionals to draft patent applications for leading global technology companies, including numerous Patent 300 …
Users Lament PAIR Changes During USPTO Forum
Jamie Holcombe, Chief Information Officer at the U.S. Patent and Trademark Office (USPTO), seemed surprised to learn on Wednesday that both the Public and Private versions …
‘IP That Works for All’: My Vision for the World Intellectual Property Organization
In the increasingly global environment, our creators, inventors and innovators have continued to lean on the shoulders of the of intellectual property (IP) system as the core …
The Top Five Most Memorable Insurance Company Brand Personalities
As a branding and marketing professional, I really enjoy seeing how advertising has evolved over the years. Gone are the days of boring, ho-hum advertising campaigns. With …
The Year in Patents: The Top 10 Patent Stories of 2019
As we prepare to enter a new year—and a new decade—it is time once again to look back on the year behind us to assess …
IP Holds Lessons for Antitrust Law; No Monopoly on Patent Appeals the Way to Go
In November, the UIC John Marshall Law School held their 63rd Annual Intellectual Property Conference in Chicago, IL. The program consisted of four plenary sessions and nine …
The Top 10 Patent Stories of the Decade 2010 – 2019: Part I
This year, we wind down not only the year, but the decade. So, it is time to reflect upon the biggest patent related stories of the last …
The Most High-Profile Patents of 2019
With the end of 2019 upon us, the holiday season is a great time to take a look back at the most influential patents—rather than patent stories—…
RPX Corporation is Seeking to Hire a Senior Patent Engineer
RPX Corporation is seeking to hire a Senior Patent Engineer to join their Patent Analysis Department. The position is a full-time, permanent position, located in San Francisco …
Agreement on USMCA Strikes Expanded Protections for Biologics
President Donald Trump and House Speaker Nancy Pelosi have reportedly reached an agreement on the much debated United States-Mexico-Canada Agreement (USMCA), which would, if ratified, replace the …
The Most Iconic (and Patented) Toys and Games of All Time
Since America’s earliest days, many creative and innovative toys have come through the consumer marketplace. Many have become so iconic they are now household names and …
Christmas Gifts for Patent Attorneys and Inventors
Christmas is in just a few days, but if you're still looking for gifts for the patent attorneys, engineers, scientists or inventors in your life, here are …
The Top Five European IP Developments of 2019—and Five to Watch for 2020
As the year winds down, IPWatchdog is running a series of articles on the top stories of 2019 and what’s ahead for the year to come. In …
The Top 10 Patent Stories of the Decade 2010 – 2019: Part II
As we explained in Part I of this series yesterday, this December marks the end of a decade as well as 2019. In reflecting on the top 10 patent …
This Week in Washington IP: Antitrust Regulators Discuss Online Platforms, NASA’s Moon-Mars Program and Reauthorizing Compulsory Satellite Copyright Licenses
This week in tech and innovation hearings in Washington, D.C., the U.S. House of Representatives gets underway on Wednesday by exploring rulemaking at the Environmental …
USPTO, DOJ & NIST Issue Joint Policy Statement on Injunctions for Standard Essential Patents
Earlier this afternoon, the United States Patent and Trademark Office (USPTO, National Institute of Standards and Technology (NIST) and the U.S. Department of Justice, Antitrust Division (…
High Court This Time Grants Google’s Petition on Copyright for Software Interfaces
The Supreme Court has agreed to hear Google’s petition for a writ of certiorari in its long-running case with Oracle. The High Court will decide: 1. Whether …
Other Barks & Bites for Friday, December 20: Inventor Rights Act Introduced, House Passes the USMCA, and Copyright Office Appoints Acting Register
This week in Other Barks & Bites: the Inventor Rights Act is introduced into the House of Representatives; House overwhelmingly passes USMCA; major tech companies lobby the European …
Registering your website with the Chinese government?
Doing business in China is exciting and potentially lucrative; however, there are “hidden” traps. Most of these hidden traps have been extensively discussed in the Western world – …
What happens when lifestyle drugs like Viagra and Cialis lose patent protections?
Each year, millions of men rely on pharmaceuticals like Viagra and Cialis for their erectile dysfunction (ED), but they may not be the only ones facing dysfunctionalities. …
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 …
Federal Circuit Affirms TTAB Refusal to Register ‘CHURRASCOS’
In a May 13, 2016 decision, the Federal Circuit affirmed a Trademark Trial and Appeal Board (TTAB) decision upholding an Examiner’s denial of registration based on a finding …
Alternate Approaches to the Valuation of Intellectual Property
Techniques for valuing intellectual property continue to develop, especially as access to information becomes easier and more efficient. The practice of valuing intellectual property has only been …
Reflections on Taking the Patent Bar Exam
If you are reading this article beyond the title, you are either preparing to take the USPTO’s patent bar exam or you are considering whether you …
Top Patent Law Firms for 2017
We compiled a list of the top patent firms that are ranked based on the total number of U.S. utility patents that issued in 2017 where the …
Design Patent Infringement: How to decide if you should sue
First, look at the merits of the infringement claim. They may be stronger than you think, and you can thank a 2008 ruling for that. That year, the …
Top Patent Firms for 2016
A list of the top patent firms that are ranked based on the total number of U.S. utility patents that issued in 2016 where the patent firms …
Beat the Odds: How to Get Your Invention Licensed
Many inventors believe the way to get a company interested in their inventions is to write a letter – and then hope they receive an invitation to begin …
Does University Patent Licensing Pay Off?
Patent licensing or creating new companies is not a get rich quick path for schools despite the occasional blockbuster invention or Google spin-out. Indeed, enriching universities is …
These Are the 20 Hardest and Easiest Art Units
Art Unit 3689 has the lowest allowance rate at 7.7%. Art Unit 3659 has the highest at 98.3%. Oddly enough, these two art units are from the same technology center. It’…
Comic-Con Considerations: Cosplay, the Right of Publicity, and Copyright Concerns
For as much as Comic-Con is about comics, TV, and upcoming movies, it’s not hard to see that a large portion of its allure for fans …
Do Patents Truly Promote Innovation?
Invention, it has been shown, is driven primarily not by genius or happenstance but rather by markets and the expectation of the profit that can be gained …
10 Years Later – A Look at the Efficacy of the Pre-Appeal Brief Conference Program
For 61% of the non-defective requests, the panel decided that there was an actual issue for appeal, such that the applicant would either need to file an Appeal …
The Cost of Obtaining a Patent in the US
Estimating US patent costs is a difficult matter because so much depends on the technology involved, but answering "it depends" is not particularly insightful or helpful. What …
Protecting Ideas: Can Ideas Be Protected or Patented?
Unfortunately, despite what you may have heard from late night television, satellite radio commercials or snake oil salesmen, there is no effective way to protect an idea… …
Patent Searching 101: A Patent Search Tutorial
Inventors and entrepreneurs who are looking to cut costs frequently want to do their own patent search. This is a wise first move, but inventors need to …
The Top 5 Mistakes Inventors make with their Invention
Generally speaking the first step toward commercializing an invention and making money is typically to pursue the patent path. For those new to the industry it is …
Patent Claim Drafting 101: The Basics
When writing a claim it is important to describe how the various components are structured and how the various components interact and connect. First, include a claim …
Moving from Idea to Patent – When Do You Have an Invention?
In order to protect an idea it must mature into an invention first. This means that you need to be able to explain to others how to …
Tricks & Tips to Describe an Invention in a Patent Application
One excellent way to make sure you are including an appropriately detailed description that treats a variety of variations and alternatives is to have many professional patent …
Getting Your Invention to Market: Licensing vs. Manufacturing
Of course, whether you are going to pursue licensing or manufacturing, for the first lesson is to realize that there are no tricks to invention marketing. It …
Patent Drawings and Invention Illustrations, What do you Need?
If you are going to file a patent application you must have drawings to include in the application, but patent drawings are not the only type of "…
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 …
Good, Bad & Ugly: Truth About Provisional Patent Applications
Whether that provisional patent application can ever be useful moving forward is unknown and unknowable at the time it is filed, which allows for those who knowingly …
Patent Drawings 101: The Way to Better Patent Applications
To properly accomplish the goal of having the best disclosure possible you should also not think in terms of a single patent drawing or illustration, but rather …
When is an Invention Obvious?
That being said, the possibility that a utility patent could be obtained cannot be definitively ruled out even if an invention seems quite likely to be obvious, …
Utility Patent Applications – Content and Substance
In order to obtain a utility patent one must file what is referred to as a non-provisional application or a non-provisional utility application. It is called “non-provisional” …
The Benefits of a Provisional Patent Application
Like any other patent application, a provisional patent application is effective to stop the clock relative to so-called statutory bars and immediately upon filing a provisional patent …







