Timely updates and interesting insight on patent, trademark, and copyright law.
The courts have imposed uncertainty into the question of what is patent eligible. Now, Congress is weighing-in with the goal of providing clarity. Could you soon be certain that your invention is patent eligible?
The United States Patent and Trademark Office (USPTO) recently announced the retirement of the Public Patent Application Information Retrieval tool, also known as “Public PAIR” effective July 31, 2022.
The United States Patent and Trademark Office (USPTO) recently launched a new “Fast-Track Appeals Pilot Program” on July 2, 2020. The Program allows for expedited resolution of ex parte appeals in US patent application prosecutions. The Program serves as an extension of the “Track One” prioritized examination program and is intended to provide applicants with another opportunity to expedite US patent prosecution.
Prior USPTO CARES Act extensions waived certain fees and deadlines up until July 1, 2020. With the July 1, 2020 date looming and the need for relief remaining at a high level, today (June 29, 2020) the USPTO further extended the time for small and micro entities to pay certain patent-related fees that would otherwise have been due on or after March 27, 2020.
Time spent on securing Food and Drug Administration (FDA) approval for regulated products (such as pharmaceuticals, medical devices, and agrochemicals) effectively shortens the term of patent protection for the underlying invention of those products.
Continuing its efforts to accelerate the commercialization and available of technologies addressing COVID-19, the United States Patent Office (USPTO) has announced a new COVID-19 Prioritized Examination Pilot Program.
Yesterday, May 4, 2020, the United States Patent and Trademark Office (USPTO) took a surprising leap into commercialization of patented and patent pending technologies, unveiling a web-based marketplace platform for intellectual property (IP).
Yesterday, April 28, 2020, pursuant to the temporary authority provided by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the United States Patent and Trademark Office (USPTO) announced further extensions to the time allowed for filing certain patent and trademark-related documents and to pay certain required fees. This new Notice supersedes the prior Notice published on March 31, 2020.
The United States Patent and Trademark Office today, April 6, 2020, published answers to common questions related to it’s recent Notice advising of the availability of 30 day extensions of time for certain actions impacted by COVID-19.
Today, March 31, 2020, pursuant to the temporary authority provided by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the United States Patent and Trademark Office (USPTO) announced extensions to the time allowed for filing certain patent and trademark-related documents and to pay certain required fees.
Amazon’s original “1-Click” U.S Patent No. 5,960,411 expired about a month ago.
The U.S. Patent Statute, 35 U.S.C. 102(a), states that “A person shall be entitled to a patent unless – (1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention….” (emphasis added). One exception to this rule is: “A disclosure made 1 year or less before the effective filing date of a claimed invention shall not be prior art to the claimed invention under subsection (a)(1) if – (A) the disclosure was made by the inventor or joint inventor or by another who obtained the subject matter disclosed directly or indirectly from the inventor or a joint inventor….” 35 U.S.C. 102(b).
For those who haven’t looked lately, the USPTO has added some great new features to its PatentsView tool. PatentsView is a patent data tool that provides patent data and analysis in a visual form. The new interface allows users to investigate and evaluate relations, locations, and comparisons of US patents.
If an apple a day keeps the doctor away, what do 46 patents a day get Apple? Apple, with its now nearly 19,000 US patents, is hoping they keep the competition away.
As David Letterman once said, “Trump is a big man, I think 230 pounds — 235 with cologne.”
In the wake of the recent election, many are trying to predict how President Elect Trump will view the current US Patent and Trademark Office. Will he dub it “Tremendous,” or a “Disaster?” David Letterman’s quote may hold a key to this prognostication.
On October 28, 2016, Bruno Mars and record producer Mark Ronson, among others, were named in a copyright infringement lawsuit by Larry White, and the estates of Grady Wilkins and Lee Peters (among others). In the suit, White and the estates of Wilkins and Peters argue that the song “Uptown Funk” by Bruno Mars and Mark Ronson infringe their copyright.
U.S. Patent No. 8,118,510 entitled “Talking Electronic Assembly.”
The relevance of this invention to tonight’s debate is immediately understood once you see the commercial embodiments of the invention shown below:
A recent lawsuit by Palantir Technologies Inc. against some of its investors, including an investor named Marc Abramowitz, calls to mind a common question we receive from inventors and early stage companies: namely, “if I disclose my ‘secret sauce’ to this investor, will he or she steal it?”
“What are THOSE?”… is the reaction I get from my children every time I wear my fashionable foam rubber shoes. This question now has another meaning. Are they Crocs? Or are they Koala Kids?
On Tuesday, July 19, 2016, Crocs Inc. filed suit against Toys R Us Inc. alleging patent infringement based upon Toys R Us’ sale of foam footwear products, seeking both a preliminary injunction and treble damages.
On Friday (February 12, 2016), the United States Court of Appeals for the Federal Circuit retained its long-standing rule that overseas sales of a product don’t exhaust a patent owner’s right to sue in the U.S. The case is Lexmark International, Inc. v. Impression Products, Inc., 2014-1617, 2014-1619 (Decided Feb. 12, 2016) and can currently be found here.
As we move into Super Bowl weekend and are likely to encounter one or two of these inventions, we reflect back nearly 125 years to February 2, 1892, when an Irish immigrant, William Painter, then of Baltimore, Maryland was granted U.S. Patent No. 468,226 for a “Bottle Sealing Device,” or what we more commonly refer to today as the bottle cap. Not one to sit still for long, Mr. Painter kept inventing and, almost two years later to the very day, went to receive U.S. Patent No. 514,200 on the newly important “Capped Bottle Opener.” Sláinte!
On a cold winter day it’s interesting to learn that on January 14, 1918, T.J. La Cras of Toronto, Canada filed a patent application for an “Antislip Device for Crutch-Tips.” From a review of the patent, it appears to be snow-chains for the rubber element on the bottom of a crutch.
Daily fantasy sports operators have been on the offensive recently, aggressively growing the popularity of their services. But they have also been defending their turf against potential regulation and a growing number of intellectual property lawsuits. So, what is the scoreboard ultimately showing for these companies?
“First inventor to file” and “first to invent” may not always be the same thing. So what is the difference, and how can it can affect inventors?
WARF won a major battle last week when a Wisconsin federal jury found that technology in Apple’s iPhones and iPads infringes a WARF computer processor patent. However, the war may not be over.
Last week, the Ninth Circuit decided that the sequence of poses that make up Bikram yoga is not copyrightable. Among other implications, this shows that each intellectual property protection has its boundaries, and creators need to be careful to know which sandbox they are playing in and act (and register) accordingly.
The soon-to-be-launched Global Dossier will allow applicants to better retrieve patent information and simplify filing of applications.
A public disclosure is communication of an idea or invention to someone who is not under any obligation to keep the idea or invention secret–and it can legally bar an inventor from receiving a patent.
Have you ever noticed that a fashionable design you may see at a high end clothing store will often show up a few weeks later at Target or Wal-Mart?
Many patent practitioners, inventors, and investors (especially in the software realm) since last year’s Supreme Court decision of Alice Corp. v. CLS Bank Int’l have found the concept of patentable subject matter eligibility to be a bit… murky. Recently, the USPTO issued new guidelines to hopefully help clear things up a bit.
Google has a number of patent initiatives. One that I was not aware of until recently is the Google Patent Starter Program. This program provides a unique opportunity for a limited number of startup companies or developers.
Congratulations! You’ve decided to file for IP protection for your patent or trademark. You’ve paid the filing fees, but for some reason you’ve started getting mailings asking for more money, and some look pretty official:
In a recent decision, the United States Supreme Court held that a defendant’s belief regarding patent validity is not a defense to a claim of induced infringement.
United States applicants are now able to file international design applications either directly through the World Intellectual Property Organization or indirectly through the United States Patent & Trademark Office.
Have you ever wondered why your pending U.S. patent application(s) see quarterly increases in activity? Or why certain activities during patent examination take longer than others?
Inventors aren’t always ready to hire an attorney in private practice. So what is an inventor to do?
Patent applications and awarded patents continue to grow exponentially.
Many times, patents, trademarks, and copyrights work together, and it can quickly get confusing.
It was recently announced by USPTO management that the SAWS program is being retired.
Over the past few weeks, New York, London, Milan and Paris have been showing off the fashions that will be “it” for the fall. In Europe, fashion designs may be eligible for industrial design protection. However, in the United States, there is no such specific protection.
A provisional patent application can allow inventors to explore the market for a product before investing lots of money in a non-provisional patent application. There is a trade-off, though.
Currently, design patents are typically sought through country-by-country filing and prosecution. However, on May 13, 2015 options for inventors of designs will change.
Did you know that the United States Patent and Trademark Office operates a secret program not mentioned in any USPTO published rule or any law called the Sensitive Application Warning System or SAWS?