Category Archives: Patent

Supreme Court Sanctions Patent Attorney

The Supreme Court denied a petition for writ of certiorari in a patent case and then asked the attorney why he shouldn’t be sanctioned for his poorly-written brief. Continue reading

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Public Use of an Invention

Public use is a tricky area of law that can affect whether you can obtain a patent on an invention. Continue reading

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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

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Patent Derivation Proceedings FAQ

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

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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

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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

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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

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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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