Inventors Patents

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District Court Correctly Added Inventors Who Contributed to at least one Claim Element

In Vapor Point LLC. v. Moorhead, [2015-1801, 2015-2003] (August 10, 2016), the Federal Circuit affirmed the district court’s correction of inventorship, dismissal of the infringement action, and denial of a attorneys’ fees....more

Hudson Institute Report Refutes UN Panel Stance on Impact of Patents on Access to Medicines

In June, the Hudson Institute released a research report that analyzes several positions taken by the United Nations (UN) High Level Panel on Access to Medicines (HLP) on the impact of patents on global access to medicines. ...more

Intellectual Property in Medicine: Initial Considerations

Physicians are well-positioned to generate new inventions and thereby improve the treatment of their patients. As a result, physicians have historically been some of the best and most active inventors in the United States. ...more

LendingTree, LLC v. Zillow, Inc. (Fed. Cir. 2016) - Claims of Another "Loan Application" Patent Invalidated under Section 101

In a nonprecedential opinion issued earlier today, the Federal Circuit invalidated claims under 35 U.S.C. § 101 that had survived the District Court in LendingTree, LLC, v. Zillow, Inc., Nextag, Inc., & Adchemy, Inc. This...more

Japan Patent Act Amendment: How to Compensate Inventors Now?

The most recent amendment to Japan's Patent Act, effective April 1, 2016, modifies the right of an employee inventor to "reasonable" compensation in response to calls for change from companies, but falls short of creating a...more

Intellectual Property Law - June 2016

Defend Trade Secrets Act of 2016: An Overview - Why it matters: The Defend Trade Secrets Act of 2016 (DTSA) was signed into law on May 11, 2016 and gives trade secret owners a federal cause of action for injunctive...more

Can a Computer Be an Inventor?

On March 15, DeepMind’s AlphaGo, a computer powered by a self-learning artificial intelligence computer program, defeated Go grandmaster Lee Sedol. As the AI community celebrates this major milestone in making machines smart,...more

Here’s Another Fine Mess You’ve Gotten Me Into: Best Practices for Employee, Contractor and Consulting Agreements.

In This Presentation: Overview of Messes to Avoid: • Split Ownership • Agreements to Agree • Agreements with Unclear/Improper: – relation to prior agreements – term – royalty rate –...more

Blog: Who Owns What: Patent Assignment and Ownership

A patent is a government-granted property right that can be used to exclude others from making, using or selling an invention for a specified time (how long depends on the type of patent). Patents can provide important...more

A Plea for a Charitable and Common-Sensical Claim Construction

All manner of boiler plate can be found in patent applications and issued patents, placed there by applicants and their counsel hoping to influence the future construction of their specification and claims, but the language...more

In Re Smith: A Raw Deal for Inventors?

The recent decision in In re Smith (Fed. Cir. 2016), in which the Federal Circuit affirmed the rejection of claims 1-18 as being ineligible for patent under 35 USC § 101, represents another example of the shrinking scope of...more

Divided Federal Circuit Panel Creates Patent Agent Privilege

[W]e find that the unique roles of patent agents, the congressional recognition of their authority to act, the Supreme Court’s characterization of their activities as the practice of law, and the current realities of patent...more

Proper Inventorship Still Matters, Even With a Proper Assignment

In a few recent cases, we see that failing to properly name inventors in a patent application can lead to unnecessary troubles for a company. This is true whether the assignment document is an employment agreement or an...more

In Obviousness Analysis Loss of Benefit Is Not the Same as Inoperable (In re Urbanski)

Addressing “teaching away” arguments in the context of obviousness issues, the U.S. Court of Appeals for the Federal Circuit affirmed the Patent Trial and Appeal Board’s (PTAB or Board) obviousness decision, holding a person...more

Lismont v. Alexander Binzel Corp. (Fed. Cir. 2016)

Laches Bars Claim to Change Inventorship on Issued U.S. Patent - On February 16, 2016, the Federal Circuit issued an opinion in a case captioned Hedwig Lismont v. Alexander Binzel Corp. This appeal arises from an...more

January 31, 2016 - Patent of the Day

On January 31, 1950, Lawrence Welk (ask your grandparents) received U.S. Patent No. D157,110, on a Lunch Box. Check out the accordion pleats...more

January 30, 2016 - Patent of the Day

On January 30, 1962, Les Paul was awarded U.S. Patent No. 3,018,680 on an Electrical Musical Instrument (the solid body electric guitar)...more

January 29, 2016 - Patent of the Day

On January 29, 1974, Roger Easton was awarded U.S. Patent No. 3,789,409 on a Navigation System Using Satellites and Passive Ranging Techniques (GPS)....more

January 28, 2016 - Patent of the Day

On January 28, 1873, Louis Pasteur was awarded U.S. Patent No. 135,245 on Brewing Beer and Ale....more

January 27, 2016 - Patent of the Day

On January 27, 1880, Thomas Edison was awarded U.S. Patent No. 223,898 on an Electric Lamp, the first practical incandescent lamp....more

January 26, 2016 - Patent of the Day

On January 26, 1965, Noah McVicker and Joseph McVicker received U.S. Patent No. 3,167,440 on Plastic Modeling Composition of a Soft, Pliable Working Consistency, know to millions of children as Play-Doh. The product was...more

January 25, 2016 - Patent of the Day

On January 25, 1870, G.D. Dows received U.S. Patent No. 99,170 on a Soda Fountain, to the delight of jerks (soda jerks, that is) everywhere...more

January 24, 2016 - Patent of the Day

On January 24, 1922, U.S. Patent No. 1,404,539 issued to Christian K. Nelson on a “Confection” that was marketed as the Eskimo Pie....more

January 23, 2016 - Patent of the Day

On January 23, 1849, the first U.S. patent for an envelope-making machine (U.S. Patent No. 6055) was issued to Jesse K. Park and Cornelius S. Watson....more

January 22, 2016 - Patent of the Day

On January 22, 1907, Thomas A. Edison received U.S. Patent No. 841677 on an Apparatus for Grinding and Separating Fine Materials....more

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