July 12, 2010

How often have you noticed that a product bears a label of “patent pending” or “U.S. Patent No.”?  But, what if that patent does not cover the product?  Or maybe there is no “patent pending”?  Well, anyone could have a…

July 7, 2010

Clients often want to know if they can file a patent application after they started selling, offering for sale, or telling the public about their invention. In most circumstances, the answer is ‘yes’; however, it is not without some caveats.…

June 28, 2010

At long last, the Supreme Court has issued its opinion in Bilski v. Kappos. As widely expected, the Court affirmed the unpatentability of Bilski’s risk-management method. With a majority opinion authored by Justice Kennedy and concurring opinions offered by Justices…

June 23, 2010

For all those who have been confused and/or down right frustrated by a restriction requirement or two … (Haven’t we all?) … the United States Patent and Trademark Office will be accepting written public comments on restriction practice until August…

June 17, 2010

When discussing the fundamentals of patent law with potential clients, we are often asked whether it is necessary, and whether it is a good idea, to conduct a patentability search.  The bottom line is that there is no requirement to…

June 10, 2010

Occasionally, a patent practitioner will become aware of a prior art reference after the issue fee has been paid, and the question becomes—will the examiner consider the reference at this late stage? The short answer is “yes”.  But as you…

June 3, 2010

Clients and prospective clients are often eager to obtain patent protection even though their new product (invention) is still “under development”. They often ask: “When should I file a patent application?” and “What type of application should I file?” If…

May 26, 2010

In the most recent publication of the Federal Register (Vol. 75, No. 100), the United States Patent and Trademark Office (USPTO) announced a new procedure for the review of appeal briefs filed in ex parte reexamination proceeding appeals. The intention…

May 19, 2010

On November 6, 2009, the USPTO announced the initiation of a program called “Project Exchange.”  This program was initially limited to applicants claiming small entity status; however, the USPTO has more recently announced that this program will be available to…

May 12, 2010

The Court of Appeals for the Federal Circuit (CAFC) recently issued on en banc decision in Ariad Pharmaceuticals, Inc. v. Eli Lilly & Co., essentially leaving the written description requirement intact.  In that case, Ariad filed a patent application relating…

May 5, 2010

Avid Identification Sys. v. Crystal Import Corp., No. 09-1216 (April 27, 2010) In Avid, Dr. Hannis Stoddard, who was the founder and president of the company, hired three engineers to develop a product based on his idea of identifying and…

April 28, 2010

In case you don’t have enough to watch on TV, the USPTO launched a portion of its new Trademark Information Network where anyone can view news broadcast-style videos that cover important topics and can teach you about the various phases…