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Iancu Calls for Section 101 Fix in Address to AIPPI Congress
USPTO Director Andrei Iancu said “something has to be done about” Section 101, as it has been thrown into flux following various U.S. Supreme Court cases, in …
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Beyond the Slice and Dice: Turning Your Idea into an Invention
The patent process actually starts well before you file a patent application or seek assistance from a patent attorney. Every patent application starts with an invention, and …
Other Barks & Bites, Friday, September 20: CAFC Issues Precedential Decisions on Patent Term Adjustment, DOJ Announces Trade Secret Charges, USPTO Urges CAFC Deference to POP
This week in Other Barks & Bites: the Federal Circuit issued a pair of precedential opinions affirming the USPTO’s determinations on patent term adjustment; Chuck Yeager filed …
Chrimar v. ALE: Federal Circuit Approves PTAB Nullification of Previously Affirmed Jury Verdict
Yesterday, the Federal Circuit once again breached a fundamental boundary of our American system of law. This particular transgression has occurred only a handful of times, but …
Bipartisan Effort to Resurrect Office of Technology Assessment Introduced
Yesterday, Senator Thom Tillis (R-NC) and Mazie Hirono (D-HI) and Representatives Mark Takano (D-CA) and Bill Foster (D-IL) introduced the Office of Technology Assessment Improvement and Enhancement …
ITC Investigates University of California Complaint Against Amazon and Other Major Retailers
In late August, the U.S. International Trade Commission published a notice of institution of a Section 337 investigation on behalf of the Regents of the University of …
As Lighthizer Negotiates on USMCA, Former HHS Secretary Warns Against Buying Into ‘Myths’
On September 13, U.S. Trade Representative Robert Lighthizer reportedly expressed a willingness to negotiate on several points of contention regarding the U.S.-Mexico-Canada Agreement (USMCA), including …
The Great Escape: Efficient Infringers Increasingly Seek to Abuse Antitrust Law
Last week the United States Court of Appeals for the Federal Circuit issued an important decision that might be easy to overlook. In Intellectual Ventures I LLC …
Trading Technologies Asks Supreme Court to Restore Congress’ Purpose in Creating the Patent Act
Trading Technologies International, Inc. (TT) has filed a petition for certiorari with the U.S. Supreme Court asking it to clarify U.S. patent eligibility law, including …
Ordinary Observer Test Is ‘The Sole Controlling Test for Determining Anticipation of Design Patents’
In Curver Luxembourg SARL v. Home Expressions, Inc. (CAFC, Sept. 12, 2019)—which already has become a rather infamous design patent case—the claims at issue recited an "ornamental …
A Step Forward for the STRONGER Patents Act
The bipartisan STRONGER Patents Act of 2019 took an important step forward last week, as the Senate Judiciary Subcommittee on Intellectual Property held a hearing on the proposed …
Federal Circuit Upholds PTAB Finding that Frymaster’s Patent is Not Obvious
The U.S. Court of Appeals for the Federal Circuit (CAFC) decided an appeal by Henny Penny Corporation (HPC) on September 12 involving HPC’s inter partes review (…
The Curious Case of the Trade Secrets that Weren’t
The normally staid world of intellectual property law was buzzing last year about one of the biggest trade secret cases and largest punitive damages awards in American …
Analyzing Judge Koh’s Errors in FTC v. Qualcomm: Highlights From Three Amicus Briefs
On August 30, a number of amicus briefs were filed in the FTC v. Qualcomm appeal in the U.S. Court of Appeals for the Ninth Circuit. The …
This Week in D.C.: NASA Deep Space Exploration, Small Business and Innovation, and Transportation Sustainability
This week in the U.S. Capitol and Washington D.C area., technology and innovation hearings in the House of Representatives will focus on tech at the …
Restrictive IP Policies Could Limit Innovation Opportunity
In the wake of fraudulent IP applications from foreign nations—namely China—the United States has recently enacted or called for policies that require foreign entities to …
Register of Copyrights Testifies on Copyright Office Modernization, Streaming Piracy and Music Modernization Act Implementation
On Tuesday, the Senate Judiciary Committee’s Subcommittee on Intellectual Property convened an oversight hearing of the U.S. Copyright Office featuring testimony from Karyn Temple, the …
Centuries of Innovation in Barbecue and Grilling Develop a Distinctly American Flavor
Summer holidays bring out the largest number of barbecue fanatics and the three top holidays for grilling are the 4th of July, Memorial Day and Labor Day. …
Unified Patents Seeks Experienced, Registered Patent Attorneys
Unified Patents is again growing its legal department, and seeks experienced, registered, patent attorneys. Applicants must have at least 3 years of law firm or other relevant experience …
House Hearing Highlights China, E-Commerce Contributions to Cluttering of U.S. Trademark Register
At a hearing of the House Judiciary Committee’s Subcommittee on Courts, Intellectual Property, and the Internet this morning, titled Counterfeits and Cluttering: Emerging Threats to the …
Hauptman Ham Seeks to Expand its Patent Prosecution Practice
Hauptman Ham, LLP, an intellectual property law firm located in Northern Virginia, seeks experienced candidates with industry experience for its patent prosecution practice due to its rapid …
The Trademark Cases the Supreme Court Will Hear Next Term
On June 28, the U.S. Supreme Court granted certiorari to take up a pair of cases that could affect how trademark cases are argued in federal courts. …
Ninth Circuit Told They Should Stay Judge Koh’s Qualcomm Injunction
On July 15, retired Federal Circuit Chief Judge Paul Michel filed an amicus brief in Qualcomm’s appeal of the Federal Trade Commission’s (FTC) antitrust case to …
A Complete Guide to Protecting Images from Photo Theft
One of the first and easiest steps any photographer can take in protecting images against photo theft is to lower the resolution and size of their photos …
Drinker, Biddle & Reath is Seeking a Patent Agent for its Washington, D.C. Office
Drinker Biddle & Reath LLP is seeking candidates for a Patent Agent - Biotech/Chemical position in the firm's Washington, D.C. office. This position is a Full …
After Brunetti: The Trademark Bar Reacts to Fractured Decision
The Supreme Court issued its decision yesterday in Iancu v. Brunetti. As largely expected, the Court followed its own lead in Matal v. Tam and struck down …
Other Barks & Bites for July 26: FBI Conducting Chinese IP Theft Probes, ANDA Legislation Introduced and UK Discusses Post-Brexit IP Exhaustion
This week in Other Barks & Bites: a series of bills introduced into Congress aim to improve prospects for minority inventors, eliminate compulsory copyright licenses in broadcast TV …
Arent Fox Seeks Patent Attorney or Agent in Electrical or Computer Engineering
Arent Fox LLP has an open position for a patent attorney or patent agent with 2-5+ years of experience in patent preparation and prosecution for their Los …
Samsung is Seeking a Patent Licensing Attorney in Mountain View, CA
Samsung, a global leader in semiconductors, telecommunications and digital media technologies, is seeking a talented patent licensing attorney in its Mountain View, California campus who will support …
My Top 25 Songs of All Time: An IPWatchdog Fourth of July Tradition
IPWatchdog has been publishing readers' and staff picks for the Top 25 songs of all time for the past four years on the Fourth of July. See previous …
Studebaker Brackett PC Seeks Qualified, Experienced Patent Attorney or Agent
Studebaker Brackett PC, a growing patent firm recently relocated in Tysons, VA, and a short walk from the Greensboro Metro Station/Silver Line, seeks a qualified, experienced …
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. …
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 …
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 …
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 …
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 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 …
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 …
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 …
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 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 …
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 …
