Podcast: The Briefing by the IP Law Blog - An Idea Doesn’t Have to be Novel to be Stolen (In California)
The Briefing by the IP Law Blog: An Idea Doesn't Have to be Novel to be Stolen (In California)
Design patents protect the ornamental appearance of an article. The protection granted by a design patent is primarily indicated by illustrations. Since the first grant in 1842, the United States Patent and Trademark Office...more
In patent examination, the examiner will cite a prior art document in order to determine whether or not an invention or utility model is novel and inventive. The applicants challenge the implementability of the cited prior...more
If you’ve ever applied for a utility patent before, you’re probably familiar with the three primary considerations that dictate whether you can obtain a patent or not: usefulness, novelty, and non-obviousness. With only three...more
Patent eligibility is a bit of a mess these days. Ever since the Supreme Court handed down the Alice v. CLS Bank decision six years ago, the distinction between what might be subject matter that can be patented and what is...more
In the past several years, the food and beverage space has seen an explosion of innovation—alternative meat products, plant-based dairy and protein alternatives, CBD- and collagen-infused everything, and functional foods and...more
How design-focused Taiwanese businesses can craft a design patent protection strategy. Aesthetics matter in 2019. Companies are investing more resources to design sleek, modern products that let customers feel they own the...more
Design patents–why now? We are in 2019. Aesthetics matter. Products that look good sell better. Hardware companies are investing increasing amounts of resources into design teams that create sleek and modern products that...more
Medical devices are increasingly incorporating software and other computer elements, but software and computer patents are in the middle of a multi-year battle between different worldviews. This battle is destined to trap...more
Over the past few years, a dramatic number of blockchain-related patent applications have been filed at the U.S. Patent & Trademark Office (USPTO). Blockchain innovations may be categorized as software-use cases and thus may...more
While the patent eligibility of diagnostic method claims remains questionable in the United States, the Canadian Intellectual Property Office has issued updated guidance on the types of diagnostic method claims that can–and...more