Suppose you have a design for an ornamental appearance of an article and start producing the article. Subsequently, you receive notice from an owner of a design patent that you are infringing their patent. You conduct a prior...more
Suppose you have an invention and disclose it in a slide show to an audience attending a conference. Can this slide show be considered a printed publication to prevent the invention from being novel and patented? Are there...more
Suppose you have an inventor or applicant who asks you to file a patent application in the U.S. However, the applicant has limited financial resources for filing the patent application. Should you claim small entity status or...more
Suppose that you have an invention disclosure for a utility invention that you want to protect. When you review the invention disclosure, you notice that the inventor has only supplied color drawings or photographs of the...more
Suppose that you have an invention disclosure for a design of an article that you want to protect. When you review the invention disclosure, you notice that the design is ornamental, for example, a pattern, on an article such...more
Suppose that you want to obtain a patent for an invention and, in your claims of the patent application, you recite terms as a structure with functional language or means-plus-function language. What if this language requires...more
For the Patent and Trail Appeal Board (“PTAB”), the PTAB allows a petition for inter parties review (“IPR”) to request cancellation of claims in a U.S. patent. For an inter parties review of a patent, the PTAB institutes...more
6/3/2020
/ America Invents Act ,
Ex Partes Reexamination ,
Indefiniteness ,
Inter Partes Reexamination ,
Inter Partes Review (IPR) Proceeding ,
Patent Act ,
Patent Cancellation ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Post-Grant Review ,
Prior Art
For the Patent and Trial Appeal Board (“PTAB”), the Administrative Patent Judges (“APJs”) are appointed by the Secretary of Commerce in consultation with the Director of the United States Patent and Trademark Office. For an...more
12/12/2019
/ Administrative Patent Judges ,
Appeals ,
Appointments Clause ,
Congressional Intent ,
Constitutional Challenges ,
Final Written Decisions ,
Inter Partes Review (IPR) Proceeding ,
Judicial Appointments ,
Officers of the United States ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Petition For Rehearing ,
Presidential Appointments ,
Principle Officers ,
Remand ,
Remedies ,
Removal At-Will ,
Removal For-Cause ,
Senate Confirmation Hearings ,
Vacated
Suppose that you have an invention disclosure for a design of an article that you want to protect? When you review the invention disclosure, you notice that the design is ornamental, for example a pattern, on an article such...more
9/25/2019
/ Appeals ,
Article of Manufacture ,
Best Practices ,
CAFC ,
Claim Construction ,
Design Patent ,
Intellectual Property Protection ,
Lack of Specificity ,
Ornamental Design ,
Patent Applications ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Written Descriptions