Posts Tagged: patent prosecution
Why the Patent Classification System Needs an Update
Patent categories were established more than 100 years ago. There are dozens of categories that reflect industry at the time: gears, sewing machines, and bicycles, to name a …
Drafting Lessons from a 101 Loss in the Eastern District of Texas
On March 30, Judge Sean D. Jordan of the United States Federal District Court for the Eastern District of Texas, issued a rather atypical Order, at least for …
Why the IDEA Act is a Bad Idea
As previously reported on this blog, a bipartisan group of senators recently reintroduced a bill in Congress called the “Inventor Diversity for Economic Advancement Act of 2021,” or …
EPO Patent Index 2020 Underscores Sharp Rise of China as Global Tech Giant
On March 16, the European Patent Office (EPO) released the Patent Index 2020, which gives the public a snapshot view of the filing activities going on at the EU’…
Understanding What a Design Patent is Not
You have probably heard of a company called Apple. They sell computers, watches, tablets and all kinds of accessories. You have probably also heard that Apple was …
Deciding Where to Obtain International Patent Rights
Determining where to seek patent rights is an important and expensive decision. If you know you are going to want international patent protection, the best, most cost-effective …
When to Use the Patent Cooperation Treaty—and Why It’s So Popular
The Patent Cooperation Treaty (PCT) enables applicants to file one application, called an international application, in a standardized format in an authorized Receiving Office, and have that …
Federal Circuit Says Amgen’s Repatha® Patent Claims Require ‘Undue Experimentation’ to Practice
The U.S. Court of Appeals for the Federal Circuit (CAFC) on Thursday upheld the District of Delaware’s grant of judgment as a matter of law (…
Should We Require Human Inventorship? Submit Your Amicus Brief by March
Patent systems around the globe offer a quid pro quo that exchanges limited monopolies for disclosures of inventions. Most patent filings list: (1) the inventor(s); and (2) the …
Why and When Design Patents are Useful
Simply said, the rights provided by one design patent will be extremely unsatisfactory. However, design patents must be considered because a design patent can in many instances …
IPO Top 300, 2020: Slight Decreases in Patent Grants Due to Budgets, Not COVID
Last month, the Intellectual Property Owners Association (IPO) issued its 38th annual listing of the Top 300 organizations that have been granted U.S. patents. The 2020 list reflects …
Protecting Traditional Chinese Medicine Products in the United States and China
Traditional Chinese Medicine, or TCM, is a subset of herbal medicine. TCM patent applications generally fall into four categories. A Compound formula is the predominant type of …
How to Avoid USPTO Rejections in Patent Drawings
Accurate and clear patent drawings strengthen and enhance patent applications, helping patent examiners who are already overburdened with applications to understand inventions faster. In this article, we …
PCT Basics: Obtaining Patent Rights Around the World
For better or for worse, there is no such thing as a worldwide patent. There is, however, something that approximates a worldwide patent application that can ultimately …
A Better Way to Husk: Martha Jones, First Black Woman to Receive a U.S. Patent
Martha Jones of Amelia County, Virginia, is believed by many to be the first black woman to receive a United States patent. Her application for an “Improvement …