Patent Applications

News & Analysis as of

Patenting the Avocado: A California Story with a Classic Recipe

Guacamole and chips are the ultimate in Super Bowl Sunday comfort food nowadays. During the Panthers/Broncos game, the California Avocado Commission tweeted its own commentary, offering recipes that paired avocados with food...more

Brown v. Canada Clarifies Obligations of Patent Applicants

Bennett Jones successfully represented the Intellectual Property Institute of Canada (IPIC), Canada’s preeminent association of intellectual property professionals, as an intervener before the Federal Court of Appeal in Brown...more

Share and Share Alike? Not so fast.

The joint ownership of patents is governed by 35 USC 262: - In the absence of any agreement to the contrary, each of the joint owners of a patent may make, use, offer to sell, or sell the patented invention within the...more

Ask Permission, Not Forgiveness: PTAB Authorization Required Before Filing Anything With Patent Office, Even Before Trial Is...

To fix clerical or typographical errors, patent owners typically file a request for a certificate of correction with the U.S. Patent and Trademark Office (USPTO). However, during an inter partes review (IPR) proceeding, the...more

February 9, 2016 - Patent of the Day

On February 9, 1909, Pasquale Nigro was issued U.S. Patent No. 912,152 on a fire escape....more

Federal Circuit Affirms High Standard to Find Patentee Disclaimer

In a decision likely to be lauded by patent applicants and owners, the Federal Circuit recently issued an opinion that affirms its staunch position that the bar to prove a patent owner made a disclaimer that impacts the claim...more

February 8, 2016 - Patent of the Day

On February 8, 1881, Louis C. Tiffany was issued U.S. Patent No. 237,416 on a Glass Tile, Mosaic, Etc....more

Selecting the Appropriate Patent Counsel and Why It Matters

In the interest of full disclosure, “yes,” this particular blog post is a marketing piece. But, it is also intended to be educational and inform prospective clients why it matters who they select to work with to identify...more

February 7, 2016 - Patent of the Day

On February 7, 1984, Timothy G. Zell was issued U.S. Patent No. 4,429, 685 on a Surgical Procedure....more

February 6, 2016 - Patent of the Day

On February 6, 1934, William D. Coolidge was issued U.S. Patent No. 1,946,312 on an X-Ray Tube, for creating x-rays for medical imaging at lower voltages...more

February 5, 2016 - Patent of the Day

On February 5, 1974, Raymond Damadian was issued U.S. Patent No. 3,789,832 on Apparatus and Method for Detecting Cancer in Tissue — MRI imaging for the detection of cancer....more

February 4, 2016 - Patent of the Day

On February 4, 1941, Roy J. Plunkett, was issued U.S. Patent No. 2,230,654 on Tetrafluoroethylene Polymers (the material branded as TEFLON)...more

February 3, 2016 - Patent of the Day

On February 3, 1948, E.W. Ingram, Sr. was issued U.S. Patent No. 2,435,355 on a Package Construction (the White Castle hamburger package)...more

Pfizer v. Lee: A Patent Term Adjustment Double Standard?

In Pfizer v. Lee (No. 2015-1265, January 22, 2016), the Federal Circuit upheld the U.S. Patent and Trademark Office’s (USPTO) determination that the toll period for A-type patent term adjustment (PTA) delay stops upon the...more

February 2, 2016 - Patent of the Day

On February 2, 1971, actor Steve T. McQueen was issued U.S. Patent No. D219813 on a Bucket Seat Shell...more

Federal Circuit Holds a Defective Restriction Requirement Ends Patent Term Adjustment

In Pfizer v. Lee, the Court of Appeals for the Federal Circuit held that a “defective” restriction requirement was sufficient to stop the period of patent term adjustment granted when the U.S. Patent and Trademark Office...more

Know your patent documents

Most are familiar with a U.S. utility patent, have a seven digit number followed by a “B”...more

February 1, 2016 - Patent of the Day

On February 1, 1938, Luther Burbank was posthumously issued U.S. Patent D269 on a rose...more

Cruciform – the Right Word for the Right Shape

Finding the perfect words to describe an invention is the cross that patent attorneys have to bear. When trying to describe something that it cross-shaped, the word cruciform (see, e.g., U.S. Patent No, 8,517,327) can make...more

Claims Strategies in Patent Applications – Matching or Varied?

Up to 20 claims, including three independent claims, are paid for in the standard filing fee for a US non-provisional patent application. Some clients prefer matching claims in the claim set, others prefer varied claims. ...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

CRISPR Interference Declared

CRISPR (an acronym for Clustered Regularly lnterspaced Short Palindromic Repeats), which is part of a system for altering chromosomal sequences in situ in a cell in combination with a bacterially derived protein called Cas9,...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

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