News & Analysis as of

Patents › Paris Convention

Rothwell, Figg, Ernst & Manbeck, P.C.

Mastering the Recipe of Food Technology Intellectual Property

Rothwell, Figg, Ernst & Manbeck, P.C. on

Patents are increasingly being used to protect innovation in the food technology space. Food technology companies should carefully decide whether to use patents or trade secrets to protect their proprietary assets. ...more

Fish & Richardson

EPO Enlarged Board of Appeal Raises Bar for Challenging Priority Claims at the EPO

Fish & Richardson on

Challenges to the validity of the “Patent Cooperation Treaty joint applicant” have been a problem for many applicants at the European Patent Office. On October 10, 2023, the EPO’s highest authority, the Enlarged Board of...more

McCarter & English, LLP

Does Your Invention Need a Passport?

McCarter & English, LLP on

Your patent is finally filed in the United States Patent and Trademark Office (or the office of your local country). Then you remember your attorney saying something about patents being jurisdictional, whatever that means…....more

Linda Liu & Partners

Money Saving Tips for Foreign Applications Entering China

Linda Liu & Partners on

Since the number of claim items of a patent application and the number of pages of the description and drawings directly affect the amount of work of the examiner, additional filing fees, i.e., excess claim fees and excess...more

Linda Liu & Partners

Experience Sharing on Claim Amendments on the Grounds of “Obvious Mistakes”

Linda Liu & Partners on

I. Background Introduction - In recent years, the number of foreign patent applications entering China exhibits a steady growth on a yearly basis. Foreign applications are required to be translated to Chinese in order to...more

McDonnell Boehnen Hulbert & Berghoff LLP

Broad Institute Loses Appeal in European Patent Office, Patents Remain Revoked

McDonnell Boehnen Hulbert & Berghoff LLP on

Earlier this year, and almost one year to the day (January 17, 2019) that the Opposition Division (OD) of the European Patent Office revoked in its entirety European Patent No. EP 2771468, the Technical Board of Appeal...more

Knobbe Martens

Intellectual Property Protection Strategies for Successful Business in the US and Canada

Knobbe Martens on

Imagine that you are a founder of a revolutionary technology startup in Canada. Your company is about to release its blockbuster product that will disrupt the entire industry and catapult your company to fame and...more

Hogan Lovells

Patent Litigation: Dutch Court of Appeal guidance on formal entitlement to priority

Hogan Lovells on

On 30 July, the Court of Appeal of The Hague ruled on the formal entitlement to priority following from a US provisional patent application. The attack on priority in this case is part of a recent trend by parties in patent...more

Nutter McClennen & Fish LLP

International IP Expansion Considerations

Nutter McClennen & Fish LLP on

Businesses must balance the desire for intellectual property protection throughout the world with budget management goals. There is no “one size fits all” approach for achieving that balance, but there are certain...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Worldwide Divisional Strategy Considerations

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

Dividing a single patent application into multiple patents is often essential for deriving maximum economic benefit from the disclosed inventions. When an applicant wants to protect multiple inventions disclosed in a single...more

Jones Day

Antidote to Toxic Divisionals—European Patent Office Rules on Partial Priorities

Jones Day on

Beginning in 2009, the Boards of Appeal of the European Patent Office ("EPO") issued a series of decisions that essentially created a new priority law in Europe that allowed members of the same patent family to negate each...more

Smart & Biggar

Understanding the similarities and differences between priority claims in Canada and the U.S.

Smart & Biggar on

A valid priority claim can allow a patent application to benefit from the filing date of an earlier patent application so as to exclude certain prior art from consideration. The recent decision of the U.S. Federal Circuit in...more

Fenwick & West LLP

Intellectual Property Bulletin - Summer 2016

Fenwick & West LLP on

Supreme Court Expands Discretion to Award Enhanced Damages for Patent Infringement and Eliminates the Federal Circuit’s ‘Seagate Test’ - In Halo Electronics, Inc. v. Pulse Electronics, Inc., the U.S. Supreme Court...more

Mintz - Intellectual Property Viewpoints

Pitfalls When Refiling a Priority Application under Article 4 of the Paris Convention

Mintz - Intellectual Property Viewpoints on

Patent applicants who have filed a priority application (such as a U.S. Provisional application) may wish to abandon and then refile that priority application to extend the time available for filing a utility application. ...more

Ladas & Parry LLP

Patents are of National Origin

Ladas & Parry LLP on

Patents are Obtained Country by Country - All intellectual property professionals are aware that patents are issued, as a general rule, country by country. However, some inventors are under the misimpression that once...more

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