Author Archives: Tom

Patent Office Issues New Internal Guidance on Subject Matter Eligibility

Patent Office Issues New Internal Guidance on Subject Matter Eligibility Continue reading

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Marty Stoneman Passes Away

Phoenix patent attorney Martin Stoneman passed away on February 5, 2014. Marty had a large presence in the Phoenix patent market; he worked on over 250 issued patents and many more patent applications. Cases continue to issue posthumously and likely … Continue reading

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Is a Comprehensive Clearance Search for Your Trademark Worth the Money?

This post written by guest author, attorney Gianni Pattas. Everything is perfect. You paid a graphic designer to design your brand new logo for your business. You paid the radio to run ads advertising the grand opening of your business. … Continue reading

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Secret Prior Use after the AIA Patent Reform

We’re closing in on the one-year anniversary of the AIA’s full implementation on March 16, 2013. Though some portions of the law have been in place for more than a year, there is still a great deal of debate about … Continue reading

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Prosecution History Estoppel in Design Patents

Recently decided Pacfic Coast Marine Windshields, Ltd. v. Malibu Boats, LLC established, perhaps predictably, that prosecution history estoppel is a doctrine that can be enforced in design patent litigation. Prosecution history estoppel is the practice of defending a patent litigation … Continue reading

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What Can and Cannot be Patented?

Patents can protect inventions, ornamental designs on articles of manufacture, and asexually reproduced plants.  A utility patent is available for a new, nonobvious, and useful invention that falls into one of the following categories: Process Machine Article of manufacture Composition … Continue reading

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Do I Need to Build my Invention to File a Patent Application?

There is no black-and-white requirement to build a prototype prior to filing a patent application, but in some cases, it is helpful, and in other cases, it will be required by the circumstances. Continue reading

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Super Lawyers 2014 Southwest Rising Stars Selection

I’m happy to report that I have been selected, for the second year running, as a Super Lawyers Southwest Rising Stars.  The patented process for selecting the best attorneys uses peer nominations and third-party research.  Only 2.5% of attorneys are … Continue reading

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Offers for Sale in the Post-AIA World

The US has been operating under the full enacted provisions of the America Invents Act for over six months now, and some of the questions presented by the new law have been answered. However, one area of uncertainty – troubling … Continue reading

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Patent Office Will Remain Open Despite Possible Shutdown

The Patent and Trademark Office is unlikely to be closed if a government shutdown takes place tonight.  The Office has a great deal of control over its own budget, and it maintains a reserve fund of money for certain situations … Continue reading

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