Preparing and prosecuting medical device patents can be unique and challenging. Patent owners and practitioners often must consider a wide range of converging technologies from the mechanical, electrical, chemical, and...more
8/6/2020
/ Best Practices ,
Connected Items ,
Design Patent ,
Divided Infringement ,
Global Patent Prosecution ,
Internet of Things ,
Medical Devices ,
Patent Prosecution ,
Patents ,
Pharmaceutical Patents ,
Treatment Method Patents
The statistics below reveal the current trends on proceeding breakdowns, institution rates, and outcomes of design patent PTO litigation. Two new design petitions have been filed since May – the first since April 2017. Two...more
8/10/2018
/ Design Patent ,
Final Written Decisions ,
Inter Partes Review (IPR) Proceeding ,
Patent Cancellation ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patent-Eligible Subject Matter ,
Patents ,
Post-Grant Review ,
Prior Art ,
Statistical Analysis
The phrase “at least one of” is used in claims to indicate selection from a group of elements that follows the phrase. When used, practitioners may grapple with whether “at least one of A and B” or “at least one of A or B” is...more
In the last issue, we discussed patent marking basics and issues related to licensee marking. A recent district court summary judgment decision provides another reminder regarding licensee marking and whether marking product...more
In many instances, using a particular process results in an innovative consumer product. It only makes sense that patent claims covering these innovative products may use terms or phrases related to the process (e.g.,...more
The April 2018 issue of Sterne Kessler's The Goods on IP® discusses prosecuting consumer product claims that include “process” limitations, the doctrine of aesthetic functionality in design patents, and issues with licensee...more
The statistics below reveal the current trends on proceeding breakdowns, institution rates, and outcomes of design patent PTO litigation. No new design patent petitions have been filed since April 2017, and only one Board...more
After investing time and resources to obtain patent protection, consumer product companies should maximize their return through a well-executed patent marking plan. The details of an effective marking program must be...more
In order to make the most of a patent investment, consumer product companies must put competitors on notice of their patent rights. Specifically, a patentee who makes or sells a patented article must mark their articles or...more
The January 2018 issue of Sterne Kessler's The Goods on IP® discusses interesting patent marking considerations for consumer product companies, including a recent Federal Circuit case involving licensee marking. This issue...more
Since July 2017, there have been no new design institution decisions, and a pair of final written decisions that resulted in cancelled claims. No new design patent petitions have been filed since April 2017. The statistics...more
The current U.S. patent climate mandates a heightened focus on quality prosecution. For consumer product companies headquartered in Europe, and for those that regularly innovate there, this means preparing and filing European...more
From gadgets to apparel, retro is all the rage these days. What does this mean for your consumer product patent portfolio?
The obvious strategy is to consistently file design applications covering your product releases,...more
The October 2017 issue of Sterne Kessler's The Goods on IP® discusses using your utility patent portfolio to expand design protection, tips for aligning your consumer product European patent portfolio with U.S. best...more
The statistics below reveal the current trends on proceeding breakdowns, institution rates, and outcomes of design patent PTO litigation. Since February 2017, with 13 additional design patent institution decisions the...more
A product with consumable or replaceable parts can be complicated to patent. These kinds of products have a reusable base component and replaceable widgets that work with it. Think razor handles with disposable razor blades,...more
Due to the relatively short shelf life for some consumer products, it can be important to quickly obtain patent protection for such products. Obtaining patent protection early in the life of such products can help inventors...more
The July 2017 issue of Sterne Kessler's The Goods on IP discusses thinking like an Examiner to move prosecution forward, the wide variety of consumer product companies using design patents to protect their valuable product...more
For consumer product companies, the Examiner interview has heightened importance and presents a unique opportunity for success. Because product lifespans are often brief and knockoffs find their way into the market quickly,...more
The Intellectual Property Owners’ Association (IPO) recently released its 2014 IP Record, an annual report detailing intellectual property trends in the United States and the top five patent offices from around the world. The...more
On April 21, 2014, the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office issued a final written decision in the first inter partes review proceeding involving a design patent (IPR2013-00072). In...more
The Intellectual Property Owners Association (IPO) releases an annual report containing statistics on patent activity in the United States and in the top five patent offices around the world. The 2013 IP Record draws on...more
Since our last article on the topic of design patent reexaminations (see “All or Nothing Design Patent Reexaminations: On the Rise,” June 8, 2010), design patents are more popular than ever.
Interest in design patents...more