Category Archives: Patent

Patent Searching and the Duty of Disclosure

Patent searches allow an inventor to determine whether an invention is patentable and, if so, what aspects of the invention are patentable. Continue reading

Posted in Patent | Tagged | Leave a comment

Patent Derivation Proceedings FAQ

A derivation proceeding is a proceeding to determine who the proper inventor of an invention actually is. Continue reading

Posted in Patent | Tagged , | Leave a comment

Patent Office Launches Glossary Pilot Program

The Patent Office has begun a new program to expedite certain patent applications which provide a glossary of the terms used in the claims. Continue reading

Posted in Patent | Leave a comment

Application Data Sheets in Patent Applications

An Application Data Sheet is a sheet or sheets that may be voluntarily submitted in either a provisional or a nonprovisional application, which contains bibliographic data, arranged in a format specified by the Patent Office. Continue reading

Posted in Patent | Tagged | Leave a comment

Non-Enablement Responses to Prior Art Rejections

Rejections of patent applications are common. Inventors sometimes do not realize this. There are many reasons that rejections may be issued, the most frequent of which is usually some form of prior art rejection. A prior art rejection is either … Continue reading

Posted in Patent | Tagged , | Leave a comment

Patent Office Issues New Internal Guidance on Subject Matter Eligibility

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

Posted in News, Patent | Leave a comment

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

Posted in Patent | Leave a comment

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

Posted in Patent | Tagged | Leave a comment

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

Posted in Patent | Tagged | Leave a comment

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

Posted in Patent | Tagged | Leave a comment