News & Analysis as of

Patent Portfolios Patents

Proposed Emergency Patent Grant Measures in Brazil

The Brazilian Government may soon launch an emergency measure to eliminate the Patent Office's backlog by automatically granting 231,000 pending non-pharmaceutical applications. The proposed rules for implementing the new...more

Preparing European Priority Applications for Stronger U.S. Patents

The current U.S. patent climate mandates a heightened focus on quality prosecution. For consumer product companies headquartered in Europe, and for those that regularly innovate there, this means preparing and filing European...more

"Retro" Designs: Using Your Utility Portfolio to Expand Design Protection

From gadgets to apparel, retro is all the rage these days. What does this mean for your consumer product patent portfolio? The obvious strategy is to consistently file design applications covering your product releases,...more

The Goods on IP - October 2017

The October 2017 issue of Sterne Kessler's The Goods on IP® discusses using your utility patent portfolio to expand design protection, tips for aligning your consumer product European patent portfolio with U.S. best...more

Intangible Risky Business

by Ward and Smith, P.A. on

The national, and many times global, reach of most businesses, regardless of size and physical location, continues to drive the ever increasing importance and value of intangible assets. In fact, a business's intellectual...more

Should You Consider Patenting Your Inventions?

by SmithAmundsen LLC on

Have you ever invented something but weren’t sure whether to patent it? Most of us have! You don’t have to be an engineer, hold a master’s degree, or own a business to find an instance where a specific product would make life...more

You May Need To Rethink Your Approach To Patents In Deals

In retrospect, the patent community should have been ready for a decision like the U.S. Supreme Court’s decision in Alice Corp. v. CLS Bank International, but based on the yearly increases in patent applications designated as...more

The Fate of Patent Laches: SOL

by Stoel Rives LLP on

On Tuesday, the U.S. Supreme Court abolished a decades-old rule that allowed for application of the equitable defense of laches in patent cases. Until now, patent owners were required to justify filing suit after a period of...more

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

by 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

University patents now immune to inter partes review: Will business come calling?

by Thompson Coburn LLP on

State colleges and universities recently received a potential increase in the value of their patent portfolios in the form of a ruling from the Patent Trial and Appeal Board (PTAB). ...more

Managing Patent Portfolios and Drafting Applications To Withstand IPR Challenges

by Brinks Gilson & Lione on

Since implementation of the Leahy-Smith America Invents Act, inter partes review (“IPR”) and other post-grant proceedings have been used successfully to challenge and invalidate thousands of patent claims. Over 2,000 IPR...more

FTC Releases Report on Patent Assertion Entities

by Snell & Wilmer on

Three years ago, the Federal Trade Commission announced a study of “patent assertion entities” (“PAEs”): “businesses that acquire patents from third parties and seek to generate revenue by asserting them against alleged...more

10 Strategies For Aggressively Building A Patent Portfolio

by Knobbe Martens on

Knobbe Martens Partner Ron Schoenbaum hosted an hour-long seminar on September 29 at Plug & Play Tech Center in Sunnyvale, CA. He covered how patent rights are commonly lost and 10 strategies startup companies need to know to...more

Patents: Important Facts, Takeaways, and Pitfalls to Avoid

by Snell & Wilmer on

1. Broad Claim Scope is Key. Merely getting a patent is not the goal. The goal is to maximize the scope of meaningful patent protection to which your invention is entitled. Put yourself in a competitor’s shoes - how would you...more

AbbVie v. Amgen: The Litigation Phase for a HUMIRA® Biosimilar Begins

To date, Amgen has been the reference product sponsor for many biosimilar applications. Correspondingly, Amgen has been the Plaintiff in many of the litigations that have been based on the provisions of the Biosimilar Price...more

Realizing Value from Intellectual Property

by McAfee & Taft on

Everyone assumes that intellectual property has value, but how do you determine that value? Can you increase it, and can you damage it?...more

Additional IP Considerations in Light of Brexit

by Morgan Lewis on

Pharmaceutical and agricultural companies in particular should consider the effect of Brexit on their European patent portfolios. Supplementary Protection Certificates (SPCs) are governed by EU regulations and are thus...more

Unitary Patents, the Unified Patent Court, Opt-Out Timing, Pros and Cons

by Winstead PC on

Regardless of the June 23, 2016 vote on Brexit, all owners of European patents, and all applicants seeking patents in Europe, will have both new options, and a new set of important decisions to make. Most commentators...more

Strategic Patent Portfolios with Continuing Value

by Knobbe Martens on

The value of a company’s patent portfolio can be increased significantly if the portfolio strategically uses continuing applications (i.e., continuation, divisional, and continuation-in-part applications) to extract valuable...more

Patent portfolios as offensive and defensive powerhouses

by McAfee & Taft on

Patents can be a key part of supporting and leveraging your business but can be costly to procure and maintain. The true value in patents derives from the right to exclude others from making, using or selling the patented...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

Jawbone Successfully Leverages Patent Portfolio as Collateral in Fund Raising Efforts

Fitness device maker Jawbone was recently featured in a Re/code article announcing that the company had raised $165 million in new funding. The article mentioned another aspect of the Jawbone’s fundraising efforts; the...more

Software Patent Eligibility - A Post-Alice Landscape Discussion

by Knobbe Martens on

•Why are people talking about Section 101/Alice? –Under Section 101, only “eligible subject matter” can be patented: ..“Abstract ideas” are not eligible –Courts + Patent Office are treating many software and...more

Back to school – the last year in patents: September 2015

by Allen & Overy LLP on

The vexed question of how to enforce second medical use patents has dominated the headlines in the last half year. The case of Warner-Lambert v Actavis1 in the English High Court highlighted the serious difficulties...more

Blog: Should You Invest in Patent Protection?

by Cooley LLP on

Patent protection is an investment in technology. Like other investments, it can be expensive and uncertain. But for a technology startup, patent protection can also yield an outsized return by attracting investors,...more

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