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‘AISITAs’ and Written Description Requirements: Considerations and Guidance for AI Patent Applications
Artificial intelligence (AI) is everywhere, touching nearly every aspect of our daily lives, including how we work, communicate, shop, travel and more. The term “AI” is generally …
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Thoughts on Tiffany Cunningham’s Confirmation to the CAFC
Tiffany Cunningham was confirmed to the U.S. Court of Appeals for the Federal Circuit earlier this week, making her—incredibly—the intellectual property court’s first …
Other Barks & Bites for Friday, July 23: FTC to Enforce Antitrust Laws Against Repair Restrictions, USPTO Updates Arthrex Guidance, and FAIR Contributions Act Introduced to Study Big Tech USF Contributions
This week in Other Barks & Bites: the Federal Circuit clarifies “teaching away,” “commercial success” and “blocking patents” doctrine in PTAB reversal; a trio of Republican Senators introduce …
CAFC Reverses PTAB Obviousness Finding, Clarifying Concepts of ‘Teaching Away’ and ‘Commercial Success’
The United States Court of Appeals for the Federal Circuit (CAFC) yesterday concluded that the Patent Trial and Appeal Board’s (PTAB’s) decision finding certain claims …
Ofinno is Seeking a Patent Attorney for Reston, VA Office.
Ofinno is looking for a Patent Attorney to assist in managing the Intellectual Property (IP) needs. Hired for this position you will be working closely with Ofinno's …
USPTO Implementation of Arthrex: Questions and Answers from Administrative Law, Part I—Dismissal and Subregulatory Rulemaking
In United States v. Arthrex, No. 19-1434, 141 S.Ct. 1970 (Jun. 21, 2021), Chief Justice Roberts cured an Appointments Clause defect in the Patent Trial and Appeal Board’s (PTAB’…
Patent Filings Roundup: Equitable IP Subsidiary Goes on Retail Shopping Spree; Fintiv ITC Denial Hits Roku Hard
District court patent filings rebounded a bit with 80 this week, buoyed by a new financial services campaign, Peregrin Licensing LLC, from an older publicly traded non-practicing entity (…
China’s New Patent Linkage System: A Guide for Foreign Chinese Patent Holders
In compliance with the Phase One Trade Agreement, China has implemented a patent linkage system in their amended patent law, which became effective June 1, 2021 (Article 76 of the …
Proactive Patents is Seeking a Prior Art Searcher
Proactive Patents is seeking to hire a Prior Art Searcher. This position is a permanent, part-time, remote, position focused on prior art searching to create invalidity claim …
ITC and Trade Secret Cases Against Apple Over Pulse Oximetry Tech Highlight Need for Better Ways to Rein in Big Tech
In late June, medical technology firm Masimo Corporation and its consumer device subsidiary Cercacor Laboratories filed a complaint with the U.S. International Trade Commission (ITC) asking …
Drilling Down on Criticism of Top-Down Approach to Determining Essentiality
Last week, an article was published on the Social Science Research Network (SSRN) website by Matteo Sabattini, who is the director of IP Policy at Ericsson. SSRN …
A Third Option: Limited IP Waiver Could Solve Our Pandemic Vaccine Problems
In the early days of the vaccination efforts, Americans were anxiously online trying to register for a COVID-19 vaccination appointment. Reports of success at 1:30 am and 2:30 am …
Godfrey & Kahn is Seeking an Intellectual Property Associate
Godfrey & Kahn, S.C. is currently looking for an outstanding attorney to join the IP team in the firm's Milwaukee, WI, or Madison, WI office. The ideal …
Emerging Anti-IP Policies the Focus of Heritage Foundation Event
At today’s Heritage Foundation event in Washington, D.C., titled Restoring American Leadership in Patent Law and Innovation Policy, former U.S. Patent and Trademark Office …
The Biden Executive Order’s Restraint on Freedom of Contract: Regulation by Anecdote May Lead to Unintended Consequences
Capping months of anticipation, President Joe Biden on July 9 unveiled his Executive Order on Promoting Competition in the American Economy, which he argues will “lower prices for …
EPO’s Enlarged Board of Appeal Backs Videoconference Hearings
Oral proceedings before the EPO Boards of Appeal can be held by videoconference, even without the consent of the parties, during a general emergency, according to a …
Hasbro Loses Fight Over MONOPOLY Mark in Europe
Toy maker Hasbro has been rebuked by the EU General Court, after it was found to have applied to register an EU trademark (EUTM) for MONOPOLY in …
CAFC Affirms District Court Section 101 Dismissal in Patent Infringement Suit Brought Against Samsung/Apple; Newman Dissents
On June 11, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed the U.S. District Court for the Northern District of California’s grant …
Tai Says United States Will Back India-South Africa Proposal to Waive IP Rights Under TRIPS
Bloomberg first reported today that U.S. Trade Representative Katherine Tai said that the United States will back a proposal by India and South Africa last year …
Looking Back at Soon-to-Be Chief Judge Moore’s Major CAFC Opinions
On April 21, the U.S. Court of Appeals for the Federal Circuit announced that Judge Kimberly Moore would take over the duties of Chief Judge when current …
CAFC Clears L’Oréal of Trade Secret Misappropriation, Orders New Trial on Patent Infringement
On May 6, the U.S. Court of Appeals for the Federal Circuit (CAFC), reversed in part, affirmed in part, vacated in part, dismissed in part, and remanded …
On World Anti-Counterfeiting Day, Organizations Highlight Proliferation of Online Fakes Amid Pandemic and Offer Solutions
Yesterday was World Anti-Counterfeiting Day (though there’s not much available online to prove it). Of course, counterfeits have proliferated over the last year, as people stayed …
Federal Circuit Affirms Jury Verdict Invalidating Pacific Biosciences Patents
Yesterday, the CAFC affirmed a ruling by the U.S. District Court for the District of Delaware, where a jury found Oxford Nanopore Technologies, Inc. and Oxford …
CAFC Affirms ITC Ruling for 10X Genomics, Finding Bio-Rad Infringed
On April 29, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed an International Trade Commission (ITC) decision in Bio-Rad Laboratories v. International Trade Commission & 10…
‘Holding States Accountable for Copyright Piracy’: White Paper Says Allen v. Cooper Has Put Creators and Copyright in Jeopardy
Last week, the Regulatory Transparency Project of the Federalist Society released a paper titled “Holding States Accountable for Copyright Piracy.” The paper was authored by Alden Abbott, …
IPWatchdog LIVE In Person, Conference Set for September 12-14 in Dallas, Texas
We are proud to announce that our much anticipated Conference, postponed several times due to COVID-19, will take place at the Renaissance Dallas Richardson from September 12-14, 2021. …
Supreme Court Grants Cert in Unicolors v. H&M to Consider Whether Section 411 Includes Intent-to-Defraud Requirement
On Tuesday, June 1, the U.S. Supreme Court granted a petition for writ of certiorari filed by fabric designer Unicolors seeking to challenge the U.S. Court …
Yu v. Apple Settles It: The CAFC is Suffering from a Prolonged Version of Alice in Wonderland Syndrome
Alice in Wonderland syndrome is a medical condition for which there is no known treatment. It causes a disturbance of perception and has a serious impact on …
EU Offers Alternative to COVID-19 IP Waiver That Supports Innovation and Addresses Supply Chain Problems
On June 4, the European Commission submitted to the World Trade Organization (WTO) its proposal for improving access to COVID-19 vaccines and treatments in countries suffering from vaccine …
Biden Nominee Tiffany Cunningham Tackles Tillis’ Questions on IP Issues at the CAFC
President Joe Biden’s nominee for the U.S. Court of Appeals for the Federal Circuit (CAFC), Tiffany Cunningham, yesterday submitted written responses to a series of …
USPTO Proposed Rule Outlines Process for New Ex Parte Trademark Proceedings on Nonuse and Other Changes Under Trademark Modernization Act
The United States Patent and Trademark Office (USPTO) yesterday issued a Notice of Proposed Rulemaking (NPRM) titled “Changes To Implement Provisions of the Trademark Modernization Act (TMA) …
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 – …
Looking Forward: Predictions and Thoughts for 2019
Given that several industry insiders were willing to make their own predictions, I’ll go out on a limb and make my own predictions… First, I predict …
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 …
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 …
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’…
Bioinformatics Innovations Thrive Despite 101 Chaos
Bioinformatics is a growing interdisciplinary technological field in which computing and software resources are applied to biological data and solve biological problems. For example, bioinformatics can be …
Three Inventions That Made My Summers Fun
As we enter the August heat, it’s worth remembering some of the patents that have made summers more bearable through the years, for kids and adults …
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 …
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 …
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 …
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 …
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 "…
Protecting an Idea: Can Ideas Be Patented or Protected?
Many people ask: can ideas be patented? The short answer is no. Unfortunately, despite what you may have heard from late night television commercials, there is no …
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 …
Invention to Patent 101 – Everything You Need to Know to Get Started
This page and website contain contain detailed information to help inventors on the road from invention to patent... Below are a sampling of inventor help links to …
