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Defensive Publication: An Alternate Way of Maintaining Your Turf in a Competitive Marketplace

It is common knowledge that the bread-and-butter of emerging startups lies in securing exclusive rights to key aspects of their implicated technology. Staking claims to valuable IP assets via direct ownership or exclusive...more

Some Practical Approaches to Prosecution of Patents for Computer or Software Implemented Inventions

The patentability of inventions implemented with a computer or based on software have come under increased scrutiny in recent years. One of the primary issues related to the increased scrutiny is whether the patent...more

Subject Matter Conflicts of Interest in Patent Prosecution – Training Your Team

This article series is focusing on subject matter conflict of interest issues that are a significant concern for attorneys. Patent practitioners have an additional layer of concern with respect to subject matter conflicts of...more

Singapore: New Positive Assessment Examination Procedure

On 10 July 2012 Singapore passed the Patent (Amendment) Bill and the Intellectual Property (Miscellaneous Amendments) Bill. One of the biggest changes is that Singapore has moved away from a self-assessment system to a...more

Be Careful What You Draw: Prosecution History Estoppel Applies to Design Patents - Pacific Coast Marine v. Malibu Boats, LLC

Addressing for the first time the applicability of prosecution history estoppel in design patent cases, the U.S. Court of Appeals for the Federal Circuit reversed the lower court, holding that while prosecution history...more

IP: Subject Matter Conflicts of Interest in Patent Prosecution – Case Law

As discussed in the introductory article of this series, conflict of interest issues are a significant concern for attorneys. Patent practitioners have an additional layer of concern with respect to subject matter conflicts...more

Australia Joins the Global Patent Prosecution Highway

The Australian Patent Office is one of 13 patent offices from around the globe that have joined forces to create a Global Patent Prosecution Highway (GPPH) pilot program, which commenced on 6 January 2014. ...more

Addition of "No-Charge" Limitation During Prosecution Costs Inventor His Patent

On December 11, 2013, Judge Susan Illston of the United States District Court for the Northern District of California found the asserted claims of Ho Keung Tse's U.S. Patent No. 6,665,797 (the "'797 patent") invalid for lack...more

Patents In A 3D World: The Challenge of the Second File-Sharing Revolution

Amidst the commotion of the recently-enacted America Invents Act (which resulted in the most substantial overhaul of our patent laws since the Patent Act of 1952), and the flurry of patent legislation directed to the problem...more

New Global Patent Prosecution Highways to Accelerate Examination of Patents

The Patent Prosecution Highway (PPH) gives applicants the opportunity to accelerate the examination of their patent applications in multiple countries once they have received a favourable report in one country. This is...more

New Proposed USPTO Rules for International Design Protection

U.S. design patents and their international counterparts (generally termed “industrial designs”) protect the ornamental appearance of an article of manufacture. Design protection has been the subject of increased attention...more

IPO White Paper Calls for Update to Patent Examination System

A white paper authored by two members of the Intellectual Property Owners Association (IPO) U.S. Patent Office Practice Committee argues that the current patent examination system "has run its course," and needs to be...more

AGs To The Front Lines: State Attorneys General Begin Wielding Unfair Competition Laws Against Foreign IP Thieves

Companies victimized by intellectual property theft may have a new weapon: asking state attorneys general for civil prosecution under unfair competition laws. ...more

In Uship Federal Circuit Finds Prosecution History Disclaimer in Arguments Against Restriction Requirement

In Uship Intellectual Properties, LLC v. United States, the Federal Circuit upheld the claim construction applied by the Court of Federal Claims when it held that the United States and IBM Corporation did not infringe the...more

What To Expect When Australian Patent Prosecution Law Changes On April 15, 2013

April 15, 2013 is an important date insofar as Australian patent prosecution is concerned. On this date ‘new law’ will come into force that will apply to patent applications for which examination has not been requested by...more

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