Utility Patents

News & Analysis as of

The Uncertain Future of Predicted Utility

There is no more contentious question in Canadian patent law at the moment than the question of utility. Much of the debate focuses on whether an invention need only have a scintilla of utility or whether utility must be...more

Utility Patent Trends Gleaned from the IPO’s 2014 IP Record

The Intellectual Property Owners’ Association (IPO) recently released its 2014 IP Record, an annual report detailing intellectual property trends in the United States and the top five patent offices from around the world. The...more

Nutritional supplement claims fail to meet utility requirement, according to Judge Engelmayer

U.S. Patent No. 6,645,948 (“Nutritional composition for the treatment of connective tissue”) claims a “nutritional composition for the treatment of connective tissue in mammals comprising: a therapeutically effective amount...more

IPO Releases List of Top 300 Patent Holders for 2013 - IPO Releases List of Top 300 Patent Holders for 2013

Last month, the Intellectual Property Owners Association (IPO) announced the release of its 31st annual list of the top 300 organizations receiving U.S. patents. Patent Docs Readers may recall that the U.S. Patent and...more

Patent Perspectives

A patent is a legal right to keep others from making, using or selling an invention. A patent does not of itself give the owner the right to use the patented invention. For example it is quite possible for someone to patent...more

Trade Dress and the Functionality Doctrine: At the Intersection of Trademark and Patent Law

Earlier this week, the Fourth Circuit reversed the dismissal of a Lanham Act claim for trade dress infringement involving a pixel pattern embossed on an absorbent textile-like product used in medical supplies, hygiene...more

Controlling Patenting Costs

Now more than ever one needs to ensure value for money in creating and maintaining a patent portfolio. Not only are budgets decreasing or stagnant, but the number of countries that need to be considered is increasing. ...more

Guest Post: The U.S. Government Continues to Have "Serious Concerns" with Canada's Heightened Patent Utility Requirements

While the United States and Canada share a border, common values and a strong commitment to international trade and security issues, many are surprised to learn that protection of intellectual property (IP) is a source of...more

Board Invalidates Design Patent

In Munchkin, Inc. and Toys “R” US, Inc. v. Luv N’ Care, Ltd., IPR 2013-00072, Paper 28 (April 28, 2014), the Board invalidated U.S. Patent No. D617,465. The Petition argued that the patent was not entitled to its priority...more

The case law of the German Courts of Instance (Instanzgerichte) for patent law and utility patent law since the year 2011

This article was published in a slightly adapted version, tailored to the needs of the German market, in the leading German legal magazine for intellectual property law, GRUR-RR, in October 2013. The report deals with the...more

Federal Circuit Review - December 2013

Apple Awarded Permanent Injunction - In Apple Inc. v. Samsung Electronics Co., Appeal No. 13-1129, the Federal Circuit vacated denial of a permanent injunction with respect to Apple’s utility patents and affirmed denial...more

Utility Patent Highlights from the IPO’s 2013 IP Record

The Intellectual Property Owners Association (IPO) releases an annual report containing statistics on patent activity in the United States and in the top five patent offices around the world. The 2013 IP Record draws on...more

3D Printing And Utility Patents: Will 3D Printers Lead To Widespread Infringement Of Utility Patents?

This article is the next in a series of posts discussing IP issues surrounding 3D printing. As discussed in the last post, some types of 3D printing technology have become affordable enough for home use. This has led to...more

Class 5: How to use copyrights, trademarks, and trade secrets to your advantage

In This Presentation: •What is Intellectual Property? •Making use of: –Copyrights –Trademarks –Trade Secrets - Excerpt from What is Intellectual Property? Intellectual Property...more

More Changes to U.S. Patent Laws Coming From Implementation of 2012 Treaties Act

While much attention has been given to the recent, significant changes in U.S. patent law arising from the America Invents Act (“AIA”), lesser attention has been given to patent law changes brought about by further...more

How to File for a Patent

Knobbe Martens’ patent attorneys Russell Jeide and Scott Cromar hosted a seminar series on intellectual property basics for Temecula’s business community. Entrepreneurs, investors, startups, inventors and anyone interested in...more

Intellectual Property and Your Startup (Presentation)

Knobbe Martens’ patent attorneys Russell Jeide and Scott Cromar hosted a seminar series on intellectual property basics for Temecula’s business community. This presentation is from the first class giving a basic overview of...more

Protecting Non-Functional Product Design Features Through The Entire Life Cycle: From Conception to Grave

IP protection for product designs is typically found in a combination of one or more of the following protective mechanisms...more

From “First to Invent” to “First Inventor to File”

One month from tomorrow, the most significant change to U.S. patent law in recent history will go into effect. Since 1790, when the first patent act was signed into law, the U.S. patent system has been a “first to invent”...more

Beineke v. Kappos – Are Discovered Plants Patentable?

In November, Walter Beineke petitioned the Supreme Court for review of a Federal Circuit decision affirming the rejection of two plant patents on tree varieties that he discovered as not patent-eligible. This month, the PTO...more

IP 101 – 10 Things You Should Know About Patents to Protect Your Business

1. What is a patent? A patent is a right granted to inventors by the government to exclude others from making, selling, offering for sale, using, or importing an invention. The U.S. Government has issued over eight...more

If Only I Could Be A Lego Product Tester…

Santa brought me one of my favorite trademarked and patented products: a LEGO® set! Yes that is Mr. Firefighter dousing the flames on the LEGO® tree while holding a cup of coffee. The hero of my LEGOland!...more

Design Patent Case Digest: Telebrands Corp v. Del Laboratories, Inc.

Telebrands Corp v. Del Laboratories, Inc. - Decision Date: September 8, 2011 - Court: S.D. New York - Patents: D596,802 - Holding: Coty’s motion for summary judgment of invalidity denied - Opinion:...more

Patent Treaty Implementation Act Eases Foreign Design Patent Filings

After a long delay, the United States will soon implement two multilateral treaties that will assist U.S. applicants in securing design and utility patents in foreign countries. The Hague System Agreement will allow design...more

Design Patent Flexes Muscle

The design patent is perceived by many designers and patent attorneys as being a relatively weak and impotent patent protection mechanism as compared with the better-respected utility patent. It is typically thought that...more

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