Posts Tagged: patent law
Why is SCOTUS Creating a Federal Common Law of Patents?
What makes SCOTUS’s assertions in patent law jurisprudence that there are these “exceptions” or additional “requirements” particularly annoying to many of us in the patent bar …
Alternative Routes to Protection of Innovation
Every year different groups provide rankings of patent prosecution law firms and a company’s patent count for the year. Patent law firms will tout their rankings …
Happy Birthday Patent System: Hope Springs Eternal
In 1790, the U.S. patent laws were first enacted and individuals could obtain a patent under the new federal government. For about a century beforehand, British citizens …
How to Get More Business When Patent Litigation Filings are Down
Lawyers often wonder how to enhance their marketability and in the process, generate more revenue or improve their image. After all, success at a firm is about “…
I Dissent: The Federal Circuit’s ‘Great Dissenter,’ Her Influence on the Patent Dialogue, and Why It Matters
Today, Judge Newman is the Federal Circuit’s most prolific dissenter, and her dissents are important. Former Chief Judge Paul Michel noted that “Judge Newman may hold …
Does Patented Intellectual Property Still Matter? Yes, Depending on Who You Are
If Bill Hewlett and David Packard were just starting in their garage, they might be wise not to waste money acquiring them... An individual inventor, or SME, …
What makes a good IP renewals provider?
IP portfolios are business assets. The payment of patent annuities is an important part of ensuring a valuable IP portfolio is primed for monetisation. Efficient IP management …
Briefs supporting Life Technologies draw battle lines in battle over extraterritorial application of US patent laws
The U.S. government weighs in on Life Technologies’ side because “the application of U.S. patent law to participation by U.S. exporters in foreign markets …
After Alice: Is New Legislation Needed? Before Alice: Was there a Precedent?
the Courts have found it difficult to use the Mayo two-part test in the examination of a patent’s validity thus creating great uncertainty... One should not …
What is a patent and where do patent rights come from?
A patent is a proprietary right granted by the Federal government pursuant to laws passed by Congress. The Congressional power to authorize patents is found in Article …
What Should be Patentable? – A Proposal for Determining the Existence of Statutory Subject Matter Under 35 U.S.C. Section 101
The recent Supreme Court decision in the Myriad case, like past decisions, did not announce a clear rule that can be extrapolated from the decision and applied …
Patent Law Treaties Implementation Act of 2012 Modifies U.S. Design Patent Law
While much attention has been given to the recent, significant changes in U.S. patent law arising from the America Invents Act (“AIA”), lesser attention has been …
Kiwi Chameleon? New Zealand Proposes Patent Changes
The New Zealand Government recently announced a proposed change to patent law involving the patentability of computer programs. The Government is calling it a clarification of the …
Patent Reform Doesn’t Prevent Rise in Patent Litigation?
I fail to see how the increase in individual suits suggests in any way, shape or form that the AIA has failed. Because there was a spike …
7 Common Misperceptions About Intellectual Property
As an aside, and somewhat related to the boring concept, is the idea that intellectual property practitioners are all basement-dwelling nerds. OK, maybe we’re a little …