News & Analysis as of

Inventions

AIPLA Proposes New 101 to Save the Patent System

The AIPLA has proposed a new Section 101: 35 U.S.C. § 101—Inventions Patentable - (a) Eligible Subject Matter.— Whoever invents or discovers any useful process, machine, manufacture, composition of matter, or any...more

So You Just Invented the Best Product the World Has Ever Known

by Miller & Martin PLLC on

You spent all this time creating the perfect product and, in order to make your startup viable, you need to get the product to market. But what have you done to protect this lifeline of your new business?...more

Should You Consider Patenting Your Inventions?

by SmithAmundsen LLC on

Have you ever invented something but weren’t sure whether to patent it? Most of us have! You don’t have to be an engineer, hold a master’s degree, or own a business to find an instance where a specific product would make life...more

AIPLA Proposes Legislative Changes to 35 U.S.C. § 101

Like the Intellectual Property Owners (see "What to Do about Section 101? IPO Provides Its Answer") and the IP Law Section of the American Bar Association (see "ABA IP Law Section Sends Section 101 Revision Proposal to USPTO...more

Sovereign immunity shields university from inventorship dispute

by Hogan Lovells on

In a case involving medical methods invented by two Nobel laureates, the U.S. Court of Appeals for the Federal Circuit has ruled that sovereign immunity prevents a third researcher from pursuing his claim of co-inventorship...more

Inventorship Claims That Took $8 Million to Defeat Were Not “Exceptional”

In University of Utah v. Max-Planck-Gesellschaft Zur Foerderung der Wissenschaften E.V., [2016-1336] (March 23, 2017), the Federal Circuit affirmed the district court’s finding that the case was not exceptional within the...more

Nikola Tesla Invented E-Discovery Technology in 1938, According to Newly Discovered Journal Now Housed at ACEDS

by Exterro, Inc. on

In a stunning discovery earlier this year, a journal belonging to famed inventor Nikola Tesla was discovered when custodial staff were cleaning out the basement at the New Yorker Hotel, Tesla’s residence from 1934 until his...more

Patents harder to obtain now, attorney say

by GableGotwals on

Back in 1899, Charles H. Duell, thencommissioner of the U.S. patent office, purportedly said “everything that can be invented hhttp://cms.jdsupra.com/docuploader/document/related/58d2c8cd-0e40-4396-bbfc-05ecd6f4c0ad/#as been...more

Australian and New Zealand Patent Systems among the strongest in the world

by FPA Patent Attorneys on

A newly developed index rates Australia’s and New Zealand’s patent systems among the strongest in the world. Companies need to be strategic about where to protect their inventions. These decisions are generally based on...more

2016 – a year at a glance

by FPA Patent Attorneys on

What is a human? When is your best method not good enough? When is an inventor not an inventor? What happens when your patent application fails to deliver on its promise? These are just a few of the questions that the...more

Experimental Use of an Invention

by Field Law on

Inventors must take care that their invention is “new” for it to be patentable. That means the invention hasn’t been disclosed to the public. Trade show announcements, press releases, publications, offering the invention for...more

PTAB Terminates Interference Proceeding Between University of California and Broad Institute Regarding CRISPR Gene Editing Claims

The Patent Trial and Appeal Board (PTAB) terminated a patent interference proceeding between the University of California (UC) and the Broad Institute (Broad), a joint venture of Harvard University and Massachusetts Institute...more

Swiss-style patent claims can be very valuable in Australia

by FPA Patent Attorneys on

The scope for enforcement of Swiss-style claims may be broader in Australia than for method of medical treatment claims. Second medical use inventions can be claimed in an ever increasing number of claim formats depending on...more

The Purpose Behind Patent Law and What It Means For You

by SmithAmundsen LLC on

Have you ever wondered why there is a patent system in the United States? Believe it or not, the framers of the U.S. Constitution gave Congress the power to create a patent system right in the Constitution itself—Article 1,...more

Do I Need a Patent Prior Art Search?

This is a common question among many new inventors. To be patentable, an invention must be novel and non-obvious in view of the “prior art.” Prior art includes prior filed patents, patent applications, and other public...more

PCT national phase – filing requirements

by FPA Patent Attorneys on

Please see chart below for more information....more

UK: Drop in the ocean – Employee's invention not profitable enough for compensation

by Hogan Lovells on

The UK Court of Appeal confirmed on 18 January that an employee was not entitled to any compensation from his employer for the income generated by his patented inventions, as the returns did not amount to an “outstanding...more

The Bayh-Dole Act

The Bayh-Dole Act allocates rights for intellectual property developed with federal funds between contractors or grant recipients and the government. This infographic provides an overview of the Bayh-Dole Act, the steps that...more

Licences are out and automatic rights are in: a new way to allow exploitation following temporary patent ceasing is proposed

by FPA Patent Attorneys on

Automatic rights to exploit inventions are proposed to replace third party licences to exploit inventions. This proposal follows only months after an initial Patent Office decision on the licence provisions....more

To concede or not concede (infringement): that is the question! An instance of a third party licence being requested during...

by FPA Patent Attorneys on

Under Australian law, if a patent application ceases and the patent is subsequently reinstated by the owner by use of our extension of time provisions, a third party may obtain a licence to the patent on the basis of steps...more

Court Rejects Theory Of Derivation Based On FDA Requirement

by Foley & Lardner LLP on

The Federal Circuit decision in Cumberland Pharmaceuticals Inc. v. Mylan Institutional LLC may be more interesting for what Mylan argued than for what the Federal Circuit decided. However, it could be an important decision...more

First Circuit BAP Protects Trademark Licensees In Bankruptcy Despite Section 365(n)

The First Circuit recently issued an important interpretation of bankruptcy law that directly impacts trademark licensing rights. In In re Tempnology LLC, 559 B.R. 809 (1st Cir. BAP 2016), the First Circuit Bankruptcy...more

Enablement and examination post raising the bar

by FPA Patent Attorneys on

The amendments to the Patents Act under Raising the Bar brought changes to the enablement provisions required by Australian patent specifications. This article provides a brief review of three recent categories of...more

Federal Circuit Weighs in on Evidentiary Challenge in IPR, Reversing PTAB

More often than not, evidentiary issues in IPR proceedings fail to make headlines because the Board will structure its Final Written Decision to avoid evidentiary challenges. Findings that a party’s motion to exclude is...more

Generating Wealth Through Inventions

by Snell & Wilmer on

Once the U.S. was a manufacturing powerhouse, but much of its industry has now moved overseas or south of the border to low-cost countries such as China, India, and Mexico. About eighty percent of the U.S. economy is now...more

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