Inventions

News & Analysis as of

The Purpose Behind Patent Law and What It Means For You

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

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

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

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

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...

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

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

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

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

Inventions Out Of This World: Patent Protection In Outer Space

Outer space exploration has been expanding.  For instance, since 1998, the International Space Station has served as a platform for scientific research and discoveries in space within modules that are operated by the space...more

Contributing to a patent claim might not make you a co-inventor

A decision by the Full Federal Court of Australia has found that even if you have contributed to an invention and your contribution has led to a patent claim, you may not be a co-inventor for that claim. The case...more

Freedom to Utilize Genetic Resources? The Nagoya Protocol Two Years Later

Two years ago today, the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits from their Utilization to the Convention on Biological Diversity (“Protocol”) entered into international...more

Eight Ways to Strengthen Your Patent Portfolio

Today, building a strong patent portfolio is critical for businesses wanting to create exclusive technology sectors to generate greater market share and profits. A strong patent portfolio also provides defensive leverage...more

Intellectual Property Overview For Agribusiness

A company’s greatest assets may be its intellectual property. Properly protecting such assets then may be the key to continued success. Below are some questions to consider as a health check for your IP assets. 1....more

AliceStorm in the Dog Days of Summer

Over the past two months, the trends I've discussed in my previous blogs on AliceStorm have continued and become more entrenched. In particular, the Federal Circuit has been quite active, issuing nine decisions since late...more

Roadmap to Software Patent Eligibility – Continued

Recent Federal Circuit cases provide direction on how to satisfy the PTO or the federal courts that software is eligible for a patent. Some key points include: - New ways of organizing data - New connections...more

Selecting a Patent Attorney and Avoiding Invention Marketing Companies

I. Considerations When Selecting a Patent Attorney. A. The Goal - The goal is to obtain a patent with valuable, broad claim scope. You want a patent potentially worth millions - not a worthless piece of paper...more

Sally Beauty Holdings, Inc. v. Intellectual Ventures I LLC (PTAB 2016)

Sally Beauty (Petitioner) filed a Petition requesting a review under the transitional program for covered business method (CBM) patents of U.S. Patent No. 5,969,324, owned by Intellectual Ventures I LLC (IV)....more

When Can Common Sense be Relied Upon to Find an Invention Obvious?

All patent practitioners recognize that a single prior art reference can be used to reject claims in an obviousness rejection. However, the issue is whether the Patent Office must provide additional evidence, above and beyond...more

Revenge of the Present Invention

Patentees suing alleged infringers have learned from a long history of federal district court and Federal Circuit rulings that (paraphrasing the Miranda warning given to criminal suspects) “anything you say [in the patent or...more

Supreme Court 2015-2016 Intellectual Property Case Review

At the end of June, the U.S. Supreme Court’s October 2015 term came to a close. The Court issued written decisions in three intellectual property cases during that term, the same number of cases as during the previous term,...more

Intellectual Property and You: The University Edition

It may be July, but school is still in session. In this blog, I'll discuss another common but mysterious topic: intellectual property ownership, specifically in the university setting. Universities sponsor research, encourage...more

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