USPTO

MBHB Snippets: Review of Developments in Intellectual Property Law - Spring 2013 - Volume 11, Issue 2: Implementing the New Micro...

by Joshua Bosman, Gregory Huffman | McDonnell Boehnen Hulbert & Berghoff LLP on 5/15/2013

As part of new rules introduced by the Leahy-Smith America Invents Act (AIA), a new section that defines a “micro entity” was added to Title 35 of the United States Code. As a subset of small entity status, micro entity...more

MBHB Snippets: Review of Developments in Intellectual Property Law - Spring 2013 - Volume 11, Issue 2

by Joshua Bosman, Nicole Grimm, Gregory Huffman, Emily Miao, Joshua Rich, Cole Richter, Donald Zuhn | McDonnell Boehnen Hulbert & Berghoff LLP on 5/13/2013

In This Issue: Comments on New AIA Rules; Implementing the New Micro Entity Status at the U.S. Patent Office; Obama Administration Focuses on Chinese Trade Secret Misappropriation; and Tiffany & Co. v. Costco Wholesale...more

Study Shows Hiring an Attorney Gives You a Better Chance of Registering Your Trademark

by Kimberly Berger | Miller Canfield on 5/10/2013

Preparing a trademark application to the United States Patent and Trademark Office? A recent study shows that hiring an experienced trademark attorney to guide you through the process can give you a much better chance of...more

Capital Infusion - May 2013: A New Day for Patents

by Jon Finger, Rani Hauth Guerra, J. Atwood Jeter, Robert Johnston III, David McLean | Patton Boggs LLP on 5/10/2013

As of March 16, 2013, all the provisions of the Leahy-Smith American Invents Act (“AIA”) have become effective. The AIA creates a new patent system for the United States with important ramifications for all technology...more

Protecting Non-Functional Product Design Features Through The Entire Life Cycle: From Conception to Grave

by Jeffrey R. Stone | Winthrop & Weinstine, P.A. on 5/9/2013

IP protection for product designs is typically found in a combination of one or more of the following protective mechanisms...more

USPTO Reshuffles the RCE Deck

by Courtenay C. Brinckerhoff | Foley & Lardner LLP on 5/9/2013

The USPTO still is considering information gathered during its RCE Outreach program, but it has made some internal changes that should lead to more prompt examination after a Request for Examination (RCE) is filed....more

Don’t Be Bullied by a Patent Troll

by Nathan Johnson, Nicholas Landau, John Smith | Bradley Arant Boult Cummings LLP on 5/9/2013

One of our favorite stories growing up was the “Three Billy Goats Gruff,” the main character of which is a terrible troll who lived under a bridge. The troll tried to terrorize and eat three goats who just wanted to cross a...more

Inovia Releases 2013 Report on Global Patent Trends

by Donald Zuhn | McDonnell Boehnen Hulbert & Berghoff LLP on 5/9/2013

Patent services provider inovia announced the release of its 2013 report on global patent and IP trends today. In compiling the report, inovia, which produces products for PCT national phase entry, European patent...more

The Federal Circuit Draws the Line on Permissible Changes to Design Patent Claims – Or Does It?

by Steven Schwarz | Venable LLP on 5/1/2013

The Federal Circuit recently issued an opinion in the case In re Owens affecting the range of permissible claim changes in design patents. In re Owens, Appeal No. 2012-1261 (Fed. Cir. Mar. 26, 2013). Unlike utility patents,...more

IP Update, Vol. 16, No. 4, April 2013

by Babak Akhlaghi, Sarah Bro, Kenneth Cheney, Bernard Codd, Paul Devinsky, Roozbeh Gorgin, Charles Hawkins, Donna M. Haynes, Sungyong “David” In, John Low, Amol Parikh, Vinu Raj, more +Michael Sardina, Sarika Singh, Joseph Speyer, Rose S. Whelan, Han (Jason) Yu | McDermott Will & Emery on 4/30/2013

Obviousness-Type Double Patenting May Exist When There Is Neither Common Ownership nor Common Inventorship - Addressing an obviousness-type double patenting rejection, the U.S. Court of Appeals for the Federal Circuit...more

Will Patent Classification Harmonization Based On The Cooperative Patent Classification System Strike A Chord?

by Downs Rachlin Martin PLLC on 4/29/2013

As mentioned in my previous post on the Cooperative Patent Classification system (CPC), the International Patent Classification system (IPC), on which the CPC is based, is used by more than 100 patent offices around the...more

Federal Circuit Finds Prosecution History Disclaimer in Enablement Arguments

by Margareta Sorenson | Foley & Lardner LLP on 4/24/2013

In Biogen Idec, Inc. v. GlaxoSmithKline LLC, the Federal Circuit upheld a narrow claim interpretation based on prosecution history disclaimer. The court held that the applicants’ arguments against an enablement rejection...more

Patent Watch: Lazare Kaplan Int'l, Inc. v. Photoscribe Techs., Inc.

by Lawrence M. Sung | BakerHostetler on 4/23/2013

On April 19, 2013, in Lazare Kaplan Int'l, Inc. v. Photoscribe Techs., Inc., the U.S. Court of Appeals for the Federal Circuit (Lourie,* Dyk, Reyna) reversed-in-part, vacated-in-part and remanded the district court's summary...more

You’ve gotta be shipping me!!

by Brent Lorentz | Winthrop & Weinstine, P.A. on 4/19/2013

Kmart recently unveiled a brand new advertisement that’s about as subtle as a shovel to the face. While some have described it as juvenile or immature, I can’t help but chuckle everytime I see or hear it. Maybe that says...more

Challenging the Enabling Quality of Prior Art

by Courtenay C. Brinckerhoff | Foley & Lardner LLP on 4/19/2013

In In re Morsa, the Federal Circuit reversed an anticipation rejection where the applicant had challenged the enabling quality of the cited prior art reference, even though the applicant had not submitted evidence in support...more

One Cross – Two Cross – Red Cross – Blue Cross: Trademark Development Traps

by Andrea Barach | Bradley Arant Boult Cummings LLP on 4/19/2013

Trademarks and service marks are valuable in all areas of commerce, and health care is not an exception. Providers of health care-related goods and services rely upon trademarks and service marks to identify the sources of...more

Patently Lincoln

by M. Kelly Tillery | Pepper Hamilton LLP on 4/16/2013

Some may know that Abraham Lincoln is the only president to apply for and be granted a U.S. Patent (No. 6,469 – “A Device for Buoying Vessels Over Shoals”), but few are aware that he was also an active patent litigator and a...more

AIA Impact on Start Up Capital [Video]

by Sterne, Kessler, Goldstein & Fox P.L.L.C. on 4/15/2013

An important consideration following the implementation of the America Invents Act is how will the law will affect capital raises for critical start-ups and emerging companies. In this video, Robert Greene Sterne, a founding...more

Things to Know About the Latest Final Interim Rules to Patent Term Adjustment

by Alex Chan | Sheppard Mullin Richter & Hampton LLP on 4/12/2013

On April 1, 2013, the U.S. Patent and Trademark Office (USPTO) published interim final rules revising several patent term adjustment (PTA) provisions in view of the AIA Technical Corrections Act of January 14, 2013. 78 Fed....more

Patent Watch: In Re Morsa

by Lawrence M. Sung | BakerHostetler on 4/10/2013

On April 5, 2013, in In re Morsa, the U.S. Court of Appeals for the Federal Circuit (Rader, Lourie, O'Malley*) affirmed-in-part, vacated-in-part and remanded the USPTO Board of Patent Appeals and Interferences decision...more

The AIA Technical Corrections Act Changes How Patent Term Adjustment is Calculated and Challenged

by Alexandra Cavazos, Janet Xiao | Morrison & Foerster LLP on 4/10/2013

On April 1, 2013, the USPTO published an interim final rule implementing various provisions of the AIA Technical Corrections Act (“AIA TCA”). This new legislation and its implementing regulations significantly alter how...more

The New Age Of Patent Enforcement In The United States: The Brave New World Post-AIA Is NOT First To File – It IS Post Grant...

by Downs Rachlin Martin PLLC on 4/10/2013

Sure, First-to-File is new here, but the rest of the world has been dealing with it forever and the sky has not fallen on technological innovation elsewhere. And it won’t fall on it here either under a First-to-File system....more

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MBHB Snippets: Review of Developments in Intellectual Property Law - Spring 2013 - Volume 11, Issue 2: Implementing the New Micro...

MBHB Snippets: Review of Developments in Intellectual Property Law - Spring 2013 - Volume 11, Issue 2

Study Shows Hiring an Attorney Gives You a Better Chance of Registering Your Trademark

Capital Infusion - May 2013: A New Day for Patents

Protecting Non-Functional Product Design Features Through The Entire Life Cycle: From Conception to Grave

USPTO Reshuffles the RCE Deck

Don’t Be Bullied by a Patent Troll

Inovia Releases 2013 Report on Global Patent Trends

The Federal Circuit Draws the Line on Permissible Changes to Design Patent Claims – Or Does It?

IP Update, Vol. 16, No. 4, April 2013

Will Patent Classification Harmonization Based On The Cooperative Patent Classification System Strike A Chord?

Federal Circuit Finds Prosecution History Disclaimer in Enablement Arguments

Patent Watch: Lazare Kaplan Int'l, Inc. v. Photoscribe Techs., Inc.

You’ve gotta be shipping me!!

Challenging the Enabling Quality of Prior Art

One Cross – Two Cross – Red Cross – Blue Cross: Trademark Development Traps

Patently Lincoln

AIA Impact on Start Up Capital [Video]

Things to Know About the Latest Final Interim Rules to Patent Term Adjustment

Patent Watch: In Re Morsa

The AIA Technical Corrections Act Changes How Patent Term Adjustment is Calculated and Challenged

The New Age Of Patent Enforcement In The United States: The Brave New World Post-AIA Is NOT First To File – It IS Post Grant...

Six-Month Report Card: Post-Issuance Proceedings Under the AIA

Court Report -- April 07, 2013

USPTO Announces Revisions to Patent Term Adjustment Rules

AIA Impact on Start Up Capital [Video]

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