Category Archives: Patent

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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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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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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Notice of Allowance

When an application has been fully examined and approved for issuance, the Patent Office issues a Notice of Allowance. The Notice of Allowance does not confer patent rights, however. You must still respond to the Notice of Allowance by both … Continue reading

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Huge Step for PTO Online

Patent on the Web Upgrade The USPTO has upgraded the USPTO Full Text and Image Database. It now uses PDF images instead of TIFF images which provides several new benefits including the ability to print full documents. Patent images may … Continue reading

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USPTO Patent Grants Slow with Sequester

In the past 6 months, I’ve noticed in my own practice that the Patent Office has increased the speed with which a first office action is issued, compared to historical numbers.  However, the sequester has had an effect on the … Continue reading

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