News & Analysis as of

Patents Patent Applications Inventions

2016 – a year at a glance

by FPA Patent Attorneys on

What is a human? When is your best method not good enough? When is an inventor not an inventor? What happens when your patent application fails to deliver on its promise? These are just a few of the questions that the...more

The Purpose Behind Patent Law and What It Means For You

by SmithAmundsen LLC on

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

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

To concede or not concede (infringement): that is the question! An instance of a third party licence being requested during...

by FPA Patent Attorneys on

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

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

by FPA Patent Attorneys on

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

by WilmerHale on

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

by Snell & Wilmer on

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

Selecting a Patent Attorney and Avoiding Invention Marketing Companies

by Snell & Wilmer on

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

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

How an object statement can bring down your patent

by FPA Patent Attorneys on

An Australian Court has just ruled that for a given patent claim to be valid, every promise about the invention in the specification must be delivered by enacting that claim....more

Patent Seekers for Card Games Get Dealt a Bad Hand

The U.S. Patent Office has long granted patents on new card games, but the path for patenting card games was narrowed by a Federal Circuit ruling last Thursday. In In Re Smith, the Federal Circuit Court ruled that patent...more

Building a Valuable Patent Family Using the Technique of Functional Deconstruction

There are several advantages to pursing protection for a key innovation in the form of a “family” of patents and pending patent applications. These include the possibility of obtaining protection in the form of claims...more

GUEST POST: David Lisch on the Basics of Intellectual Property Law for Start-Ups (Part 2-Patents)

by Gray Reed & McGraw on

A patent protects “any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof” 35 U.S.C. § 101. Unlike trademarks, which protect a brand name and recognition, a...more

Applying for a Patent? Tell a Good Invention Story!

by BakerHostetler on

What do Huckleberry Finn, Catcher in the Rye, and a well-drafted patent application have in common? They all tell good stories, of course! Telling a good story in a patent application is especially important for inventions in...more

Patenting: A Guidebook For Patenting in a Post-America Invents Act World

by Foley Hoag LLP on

Patenting - Patenting generally offers a superior means for legally protecting most inventions, particularly since: • copyright, when available, does not provide a broad scope of protection; and • the...more

Nichia Corporation v Arrow Electronics [2015] FCA 699

by FPA Patent Attorneys on

The key issue - The key issue considered in this judgment was the criteria under which a single claim could be considered to define multiple forms of an invention, with each form of the invention attributed its own...more

Federal Circuit Holds Sequenom Diagnostic Method Patent Invalid Under 101

by Foley & Lardner LLP on

On Friday, June 12, 2015, the Federal Circuit issued its decision in Ariosa Diagnostics, Inc. v. Sequenom, Inc., affirming the district court's finding that Sequenom’s claims are invalid under 35 USC § 101. The court's...more

Think Twice When Writing About the “Invention” in a Patent Application

Two recent Federal Circuit decisions emphasize that characterizing the “present invention” by using that term in a U.S. patent application specification can limit the claims according to that characterization. See...more

Don’t call your invention “the present invention”?

AstraZeneca AB v. Hanmi USA, Fed. Cir. Case No. 2013-1490 (nonprecedential) - A specification and a claim have distinct functions; a specification “describes” the invention and a claim “defines” the invention. One of...more

Five Patenting Lessons Exemplified by Google’s Glucose-Sensing Contact Lenses

Google recently announced on its blog that its “Google-X” laboratory is testing a prototype “smart” contact lens that includes a miniaturized electronic sensor designed to measure glucose level in the wearer’stears. I...more

Galderma Laboratories, L.P. v. Tolmar, Inc. (Fed. Cir. 2013)

When does a prior art disclosure of a concentration range of a medicament render obvious the use of a species that falls within that range, when that same use was also known in the prior art? After all, common sense should...more

In re Adler (Fed. Cir. 2013)

Ever since the Supreme Court handed down its decision in KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398 (2007), both the U.S. Patent and Trademark Office and the courts have found it easier to render a decision that a claimed...more

Don't Just Patent Everything, You Need To Have A Strategy

by Fenwick & West LLP on

You can't patent it all. Inventors often want to patent every potentially novel detail of their technologies and patent attorneys are sometimes willing to help them do it. However, this type of unfocused, shotgun approach...more

Will Raising The Bar Changes Affect “Means-Plus-Function” Language In Australia?

by FPA Patent Attorneys on

The use of means-plus-function language has been a settled matter in Australia – such language allows a feature of an invention to be claimed, broadly, as being all ways to achieve some function or result. An article on this...more

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