IP Gotchas: Failing to Recognize Your Company’s Intellectual Property Assets

Companies routinely focus on development and marketing of new ideas, particularly in the early days as a startup. Protecting intellectual property is often set aside for later after the idea takes off and the marketplace has indicated “there is something…

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Debunking the "Poor Man's Patent Myth"

Myth: If I write down my invention and mail it to myself through the USPS, I will receive some level of patent protection on my invention. (In some versions of the myth, I will receive protection only if I do…

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Using a Webpage as a Specimen for Products Associated with a Trademark

When registering a trademark, the Patent and Trademark Office requires the submission of a specimen to show that a trademark is being used in interstate commerce.  It is often tempting to simply submit a screenshot of a webpage showing the…

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Amazon Debuts New Pilot Program to Combat Utility Patent Infringement

It has become more and more routine in the past few years for a client to call Woodard, Emhardt, Henry, Reeves & Wagner, LLP regarding an infringing item being sold on Amazon.  Often the seller is new and/or located overseas. …

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USPTO Gives New Guidance on Software Inventions

Earlier this month, the United State Patent and Trademark Office released new guidance for its Examiners to help them better determine when an invention is too abstract to be patentable. This latest effort by the Patent Office brings more clarity…

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IPR Is Here to Stay, With Even Greater Stakes

On April 24, the Supreme Court issued two important decisions on the availability and scope of post-grant Inter Partes Review (IPR) by the U.S. Patent and Trademark Office. The IPR process allows the PTO to review and potentially cancel claims…

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USPTO Increasing Patent Fees for 2018

The USPTO has issued a final rule, “Setting and Adjusting Patent Fees during Fiscal Year 2017” to set or adjust certain patent fees. Notably, the rule increases a large number of fees including filing fees, search fees, examination fees, and…

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AIPLA Provides Legislative Proposal on Patent Eligible Subject Matter

The AIPLA has provided a new Legislative Proposal and Report on Patent Eligible Subject Matter under 35 U.S.C. § 101. This report urges congressional action to overhaul, and indeed expressly overrule the current judicially created framework under section 101 in…

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Magistrate Judge in Eastern District of Texas Adds to the Developing Jurisprudence of Estoppel in the Context of IPRs and 35 U.S.C. § 315.

A magistrate judge in the Eastern District of Texas has recommended to the Court on May 11, 2017 that Microsoft be estopped from raising certain defenses at trial stemming from a total of six (6) IPRs filed by Microsoft against…

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Inventor Info Chat "How to File a Patent Application" Webinar

On April 20, 2017, the USPTO Office of Innovation Development will be presenting an Inventor Info Chat on “How to File a Patent Application.” The chat will be held online from 11 a.m. – noon. Topics included in this chat…

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Dept. of Commerce Blog: Celebrating Women of Innovation

Women inventors and scientists have made lasting contributions to our nation’s history, but why is it that many people are unable to name one female inventor, but can easily recall male inventors such as Thomas Edison or Albert Einstein? Take…

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Inventor Info Chat "How to Search and Why You Want To" Webinar

Join the USPTO Office of Innovation Development (OID) on Thursday, March 16, 2017  from 11 a.m. – 12:00 p.m. ET for our Inventor Info Chat webinar, “How to Search and Why You Want To.” Performing a search can help prevent…

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