In an en banc decision, the Federal Circuit decided this week that well-established tests for determining design patent obviousness are “improperly rigid,” in violation of U.S. Supreme Court precedent such as KSR v. Teleflex,...more
On May 8, 2020, the United States Patent and Trademark Office (US PTO) announced a new COVID-19 Prioritized Examination Pilot Program. The new pilot program provides an expedited prosecution of COVID-19-related patent...more
The U.S. Patent and Trademark Office (USPTO) last week established an updated patent fee schedule, effective January 16, 2018. The updated schedule provides for a modest increase for most fees—but also more significant...more
11/22/2017
/ Covered Business Method Patents ,
Design Patent ,
Fees ,
Filing Fees ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
Patent Applications ,
Patent Trial and Appeal Board ,
Patents ,
Post-Grant Review ,
USPTO ,
Utility Patents
The U.S. Supreme Court unanimously overturned a $400 million damages award against Samsung for infringing Apple's smartphone design patents. In a decision that upsets a long-standing rule for calculating damages for design...more
12/7/2016
/ Apple ,
Apple v Samsung ,
Cell Phones ,
Design Patent ,
iPhone ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Samsung ,
SCOTUS ,
Smartphones
The U.S. Patent and Trademark Office (USPTO) has unveiled a series of new rules that provide for significant changes to the procedures followed in Patent Trial and Appeal Board (PTAB) proceedings, including inter partes...more
4/4/2016
/ Corporate Counsel ,
Covered Business Method Proceedings ,
Derivation Proceeding ,
Inter Partes Review (IPR) Proceeding ,
Patent Infringement ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Post-Grant Review ,
USPTO ,
Young Lawyers
On April 2, the U.S. Patent and Trademark Office (USPTO) issued Final Rules to implement the provisions of the Hague Agreement concerning the international registration of industrial designs. The Agreement is effective in the...more
The recent interim guidance issued by U.S. Patent and Trademark Office (USPTO) provides applicants and practitioners with more helpful information about which types of claims the USPTO will find to satisfy subject matter...more
The U.S. Patent and Trademark Office (USPTO) recently released updated interim guidelines for determining whether an invention is directed to patent-eligible subject matter under 35 U.S.C. § 101. Although the impact of the...more
Over the last few years, companies have increasingly recognized the value of design patents, which are directed to the ornamental (non-functional) appearance of a product....more