Last 24 Hours
No, You Can’t March in On Remdesivir
One thing you should never say in 2020 is: "Well, at least things can't get any worse." They can and often do. The latest exhibit—in the intellectual …
Time to ‘Think PCT’: Rethink Your Global Patent Strategy to Preserve Your Seat at the Table
Greetings; John White here. It is time for you to “Think PCT” [Patent Cooperation Treaty] anew. If the last thing you remember hearing me say about the …
Patent Filings Roundup: U.S. Tractor Retailer Hit; TikTok Sued by Triller; IP Edge Entities Dominate District Court Filings
This week, district courts saw 91 new complaints, a large portion filed by IP Edge subsidiaries, such as Karetek Holdings, LLC; Guada Technologies; Tunnel IP, LLC; Altair Logix, …
Harrity & Harrity Is Looking To Add Patent Preparation & Prosecution Attorneys
Harrity & Harrity, LLP is looking for remote or local patent professionals to prepare and/or prosecute patent applications for leading global technology companies, including numerous Patent 300® companies. …
More Recent Posts
Popular: Recent News
Popular: Guest Posts
Popular: Inventors
Google v. Oracle Perspective: Google’s Android ‘Cheat Code’ was to Copy Oracle’s Code
In two months, the Supreme Court will hear the oral argument in the long-running Google v. Oracle software copyright case. At issue is the availability of copyright …
PTAB Decides Against Moderna in Challenge to Arbutus Vaccine Patent
On January 9, 2019, Moderna Therapeutics, Inc. (“Moderna”) filed a petition requesting inter partes review of U.S. Patent No. 8,058,069 (the ‘069 patent) owned by Arbutus Biopharma. The ‘069 patent is …
Strong Roots: Comparative Analysis of Patent Protection for Plants and Animals
Much has been written about the uncertainty in U.S. patent law concerning laws of nature, natural phenomena, and abstract ideas following the Supreme Court’s decisions …
Illumina v. Ariosa: En Banc Rehearing Denied, Illumina Patents Again Upheld on Rehearing
On August 3, the United States Court of Appeals for the Federal Circuit (CAFC) denied a petition for rehearing en banc and issued a modified opinion, following a …
A Note to SCOTUS on Arthrex, Judicial Independence, Ethics and Expanded Panels at the PTAB
In Article 1, Section 8, Clause 8, of our Constitution, the founders were relatively specific. The founders give Congress power to secure “the exclusive Right" to “Authors and Inventors” in …
Clause 8, Episode 20: Bruce MacEwen – Adam Smith, Esq.
On the latest episode of the Clause 8 podcast, Eli interviews Bruce MacEwen - the founder and president of Adam Smith, Esq. Bruce is recognized as the world’…
This Week in Washington IP: FTC Oversight, More Big Tech Antitrust Issues, and Promoting Cybersecurity During the Election Cycle
This week in Washington IP events, Congressional hearings on technology and innovation take place through Wednesday, while the House Government Operations Subcommittee kicked the week off Monday …
Family Vacation
"Informal Drawings" is a comic strip devoted to patent attorneys, examiners, and inventors. New comics are published …
Studebaker & Brackett Seeks Experienced Patent Attorney or Agent to Join Its Team
Studebaker & Brackett PC, a growing patent firm located in Tysons, VA, and a short walk from the Greensboro Metro Station/Silver Line, seeks a qualified, experienced Patent …
CAFC Evenly Splits on En Banc Rehearing of American Axle’s Driveshaft Patent Case
On Friday, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued Orders granting a request for panel rehearing and denying a request for rehearing …
Request for Amici: Tell SCOTUS to Incentivize Original Fictional Characters through Copyright
Some fictional characters are heroes; others are villains. Some mimic reality and others personify fantasy. And some appear in comic books and video games, while others in …
USIJ Report Reveals Consequences of a Weakened U.S. Patent System
There is a symbiotic relationship between innovation and patents. The innovation that we say we most want is cutting-edge innovation that requires time, money and determination to …
A Look Inside Patent Processes at the USPTO: Effects of the Pandemic and Upcoming Changes
On Thursday, July 30, U.S. Patent and Trademark Office (USPTO) Commissioner for Patents Drew Hirshfeld and other USPTO staff updated attendees of IPWatchdog and LexisNexis’ webinar, “A …
Strategic Patents, P.C. is Seeking a Full-time Patent Attorney or Agent
Strategic Patents, P.C., a suburban Boston patent boutique with busy practice is seeking to hire a patent attorney or patent agent with at least 2 years of …
A Guide to Arthrex: Activity Heats Up in Petitions Pending with Supreme Court
The Supreme Court is currently considering several pleas to review the holding in Arthrex v. Smith & Nephew I and Arthrex v. Smith & Nephew II in the form …
Ericsson v. TCL Lays Bare the Federal Circuit’s Fundamental Hostility to Patents
It has become difficult to understand why the Federal Circuit does what it does in any number of rulings, but its decisions relating to patent eligibility have …
District Court Blocks Attempt to Bar New Prior Art References Based on IPR Estoppel
The U.S. District Court for the District of Massachusetts on May 4 denied a motion for partial summary judgment by Palomar Technologies, Inc., holding that the estoppel …
Third Senate IP Subcommittee Hearing on DMCA: The ‘Grand Bargain’ is No Longer Working
In the first part of a two-panel hearing today on whether the Digital Millennium Copyright Act (DMCA) is working for the 21st Century, Senate Judiciary Committee, Subcommittee …
Predicting the Post-COVID Economy: How Companies and IP Departments Should Prepare for the New Normal
The first half of 2020 has brought so much upheaval and disruption that it is almost hard to contemplate. In the future, there will be entire treatises and …
Chamberlain Petitions SCOTUS to Review CAFC’s ‘Refusal to Assess Claims as a Whole’ in Garage Door Opener Case
On May 15, the Chamberlain Group Inc. filed a petition for a writ of certiorari asking the U.S. Supreme Court to review the U.S. Court of …
The Consumer is King: High Court Sides with Booking.com, Rejecting Per Se Test for Generic.Com Trademarks
The U.S. Supreme Court has sided with Booking.com, ruling that a generic term paired with .com “is a generic name for a class of goods …
Court Rejects Rogers Test, Introduces ‘Genuine Artistic Motive’ Test in Stouffer v. National Geographic
On May 8, the U.S. District Court for the District of Colorado granted National Geographic’s Motion to Dismiss Stouffer’s amended complaint in Stouffer v. National …
Design IP Seeks Experienced Patent Attorney or Agent
Design IP, a small intellectual property boutique law firm located in Allentown, Pennsylvania, seeks a patent attorney or agent to join our growing practice. This is a …
Industry Leaders Reflect on Bayh-Dole at 40
On June 23, the Eagle Forum Education & Legal Defense Fund celebrated 40 years of the Bayh-Dole act with a virtual briefing, titled: “The Bayh-Dole Act at 40 Years: How the ‘…
Federal Circuit Issues Several Rulings Defining Contours of Arthrex Decision
Recently, the U.S. Court of Appeals for the Federal Circuit has issued several rulings defining some of the contours of the impact of its decision last …
On Goodwill Versus History and the Potential Renaming of Franklin Pierce Law School
According to the Concord Monitor, the University of New Hampshire is being petitioned by several students to drop the name of Franklin Pierce from the law school. …
U.S. Copyright Office Publishes Federal Register Notice Announcing State Sovereign Immunity Study
On June 3, the U.S. Copyright Office published a Federal Register notice regarding a study it is initiating to “evaluate the degree to which copyright owners are …
WHO’s C-TAP Initiative Pushes for Non-Exclusive Global Licensing Amid Pharma Industry Concerns
On Friday, May 29, the World Health Organization (WHO) officially launched the COVID-19 Technology Access Pool (C-TAP), an initiative which is intended to improve access to treatments, vaccines …
Senators Respond to Attempted Attacks on U.S. IP by Chinese Hackers
Yesterday, U.S. Senators Thom Tillis (R-NC), Richard Blumenthal (D-CT), John Cornyn (R-TX), and Ben Sasse (R-NE) sent a letter to Federal Bureau of Investigation (FBI) Director …
McRO Patent Upheld Again at Federal Circuit, But Not Infringed
The U.S. Court of Appeals for the Federal Circuit, in a precedential decision authored by Judge Taranto, today affirmed-in-part, vacated-in-part and remanded a decision of the …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 "…
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 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 …
Provisional Patents: What are they and why do you need them?
The first thing to say is this: there is no such thing as a provisional patent. You can, however, file what is known as a provisional patent …
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 …
Design Patents: The Under Utilized and Overlooked Patent
Typically an inventor wants to protect the function of the invention when at all possible. But what if you cannot get a utility patent because the underlying …
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” …
