News & Analysis as of

Inventions

Fresh From the Bench: Latest Federal Circuit Court Cases

Berkheimer v. HP Inc., Appeal No. 2017-1437 (Fed. Cir. Feb. 8, 2018) - In Berkheimer v. HP Inc., the Federal Circuit reviewed the District Court’s summary judgment finding that certain claims of a patent were invalid as...more

Patent Applications: When to Use Multiple-Dependent Format

by Snell & Wilmer on

I. What is a Multiple-Dependent Claim and a Multiple-Dependent Example? A dependent claim depends from a previous claim and adds more detail to the previous claim. A multiple-dependent claim depends from more than one...more

2017 and Early 2018 Supreme Court and Precedential Patent Cases From the Federal Circuit

Arbitration - Waymo v. Uber Technologies, 870 F.3d 1342 (Fed. Cir. 2017) - Waymo sued Uber and others for trade secret misappropriation and patent infringement. Uber contends that Waymo should be compelled to...more

Patent Turmoil: Self-Created IP After Tax Reform

by Burr & Forman on

The “Tax Cuts and Jobs Act of 2017” (the “TCJA”) impact on the tax treatment of self-created intellectual property (“IP”) is resulting in a wide range of feelings depending on the nature of a particular party’s IP. Contrast...more

Maximizing Patent Quality to Satisfy Sophisticated Investors

Not so long ago, during investment rounds, the IP due diligence typically conducted by a VC or CVC involved little more than asking, “How many patents does your company have?” A satisfactory number provided in response often...more

Advances in Polish IP Law, part 2: Trademarks – graphic representation, renewal, partial transfer & enforcement by licensees

by Hogan Lovells on

The recently published draft of the Act amending the Industrial Property Law (14 November 2017) introduces fundamental changes in the provisions on trademark protection. Currently, the bill is being agreed upon in the Council...more

Advances in Polish IP law, part 1: Patents – Indirect infringement, limitation of scope & state of the art searches

by Hogan Lovells on

The bill amending the Industrial Property Law, published on 14 November 2017, introduces important changes with respect to patent protection. The bill adapts the Polish provisions to the European Patent Convention, as well as...more

Claim Drafting Strategy for Filing in the US and Europe

by Workman Nydegger on

Although obtaining a patent in Europe is similar to the process of obtaining a patent in the US, there are some important distinctions that should be considered when drafting a patent application that will be filed in both...more

Protecting Cannabis – Are Plant Patents Cool Now?

With the rise of the legalized cannabis industry, there is also a rise in legal questions about how to protect the cannabis-related inventions being developed by the industry. Many practitioners do not appreciate that there...more

Brexit Bill - Impact on patents

by Hogan Lovells on

The UK government’s draft EU Withdrawal Bill (the “Brexit Bill“) aims to incorporate EU directives and regulations into UK domestic law in their current form immediately following Brexit (“Retained EU Law“).  This article...more

Intellectual Property Misconceptions Debunked

by Snell & Wilmer on

Many people have misperceptions about what intellectual property (IP) protects, and some common IP misconceptions are debunked below. (1) Ideas Cannot Be Patented. Only inventions can be patented. The legal...more

USPTO and EPO Examiners Discuss Key Considerations for Filing Effective Precision Medicine and Bioinformatics Applications in the...

At a symposium and webinar presented by Fenwick & West and Mewburn Ellis, we asked U.S. Patent and Trademark Office and European Patent Office examiners to provide perspective on the preparation and prosecution of patent...more

March-in Rights and Compulsory License in the United States

March-in rights in the US were created in 1980, as part of the Bayh-Dole Act. Simply stated, when the US government funds research that results in patents, it obtains rights to those patents. These rights are retained even...more

Patents or Trade Secrets? Deciding How Best to Protect Your Invention - Part I: Can The Invention be Kept Secret?

by Nutter McClennen & Fish LLP on

Key Takeaway: One critical question to ask when deciding whether to protect your invention using patents or trade secrets is how well the invention can be kept secret. Ease of reverse-engineering, risk of independent...more

USPTO Update on Patent-Eligibility for Life Science Inventions

by Foley & Lardner LLP on

On August 2nd 2017, the USPTO hosted a Bicoastal Biotechnology/Chemical/Pharmaceutical Customer Partnership that focused on the USPTO’s current thinking on patent-eligibility. The meeting followed the USPTO’s June 25th, 2017...more

Back to School Edition: Trade Secrets Go Off to College

After the long break, students have returned to colleges and universities across the country where they will trade late summer nights out with friends for tossing Frisbees on the quad.  As classes begin, we at TSW wanted to...more

Patent Myths Corrected – Part One

by Weintraub Tobin on

Patent law is a complicated area of law governed by a confusing set of statutes and regulations that are interpreted by the United States Patent and Trademark Office (PTO) and the federal courts. Patents themselves are...more

Summer Fun!

by Weintraub Tobin on

Because it’s summertime, I thought we should take a break from “serious” intellectual property articles. So, instead, here are some patented inventions that you might see this summer. A baseball with a speedometer seems...more

Why Inventions Fail

by Snell & Wilmer on

I. Introduction. U.S. and worldwide patent filings are at all-time highs. About 620 thousand patent applications were filed in the United States in 2016, and about 2.9 million patent applications were filed worldwide in...more

Patents 101: The Different Types of Patents

by Revision Legal on

Any business entity or inventor that is considering securing patent rights for a novel and non-obvious invention needs to know a little bit about the different types of patents that are available from the United States Patent...more

What Would the Perfect Employee Agreement Look Like?

Lawyers strive for perfection in their work, but time constraints, budgets, and other factors work against us. Also, perfection is not always the same thing in every circumstance. It is interesting, however, to contemplate...more

Worldwide Public Disclosure Grace Periods - May 2017

Albania - 6 months - Novelty/Inventive Step in Limited Circumstances - Disclosure not to be taken into account in determining patentability if it occurred within six months before the filing date (priority date) when...more

[Webinar] Drafting the “Global” Patent Application - June 14th, 10:00am ET

It all starts with drafting. A poorly drafted patent application, more often than not, leads to poor patent protection. The goal of providing enforceable claims starts and ends with a well drafted application. And what may be...more

AIPLA Proposes New 101 to Save the Patent System

The AIPLA has proposed a new Section 101: 35 U.S.C. § 101—Inventions Patentable - (a) Eligible Subject Matter.— Whoever invents or discovers any useful process, machine, manufacture, composition of matter, or any...more

So You Just Invented the Best Product the World Has Ever Known

by Miller & Martin PLLC on

You spent all this time creating the perfect product and, in order to make your startup viable, you need to get the product to market. But what have you done to protect this lifeline of your new business?...more

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