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Articles

Drafting Claims for Allowability Under § 101 in Anticipation of The New Guidelines

Recent changes in the law concerning patent subject matter eligibility under § 101 suggests a shift back toward patentability, which should provide an opportunity for patentees and would-be patentees to seek protection in what have otherwise been challenging areas.

Clarity Under U.S. Patent Law - How Far Will the Pendulum Swing?

A recent trend toward increased clarity and specificity in claim drafting and related terminology deserves attention for those seeking robust patent coverage while mitigating risks.

The Federal Circuit Removes the Heightened Standard for Application of 35 USC § 112(6)

The en banc Federal Circuit has removed its previous standard holding that there is a strong presumption against applying § 112(6) where the term “means” is not present in a claim.

Functional Claiming Under U.S. Patent Law

Uncertainty surrounding functional claim limitations has generated tension due to seemingly contradictory positions taken by both the courts and the PTO.

The Global Patent Prosecution Highway

The Global Patent Prosecution Highway (GPPH) is a mechanism that may be utilized to reduce prosecution costs. Here, we address various considerations for utilizing the GPPH.

Determining Inventorship

Determining inventorship can be a challenging matter, and failing to properly do so may lead to the invalidation of a granted patent.

PTO Publications - Functional Claiming

The PTO website continues to augment its identification of key Patent Trial and Appeal Board (PTAB) decisions, recently adding “Key Decisions in Functional Claiming."

Another Back-shift in the Law for Induced Infringement

The U.S. Supreme Court Resets Infringement by Inducement Relative to Performance by a Single Entity

Invalidity Opinions are not Admissible to Negate Induced Infringement

By a 6-2 margin, the Supreme Court in Commil USA, LLC v. Cisco Sys., Inc., ruled that a belief of invalidity cannot be used as a defense to induced infringement.

Patent Marking

Marking your products can be an important aspect of protecting your business and enforcing your patents.

Invalidating Obviousness Rejections

Obviousness rejections are readily invalidated without addressing limitations in the rejected claims or, in many instances, without addressing any aspect of the application at issue ...

Combating Obviousness with In re Kubin

The Kubin court provides a path to clarify the obviousness standard set forth in KSR ...

Using KSR to Overturn Obviousness Rejections

The requirement that evidence support motivation for modifying a primary reference is alive and kicking ...

Compact Prosecution and Cost Control

Compact Prosecution and Cost Control - Identifying and using new grounds of rejection to control prosecution and control costs ...

Protecting Your Portfolio - Reasonable Royalties

Licensors wishing to maintain the value of their hard-earned intellectual property should consider recent decisions when planning patent portfolios, crafting claims and drafting licensing agreements...

Addressing Inventor Issues via the AIA

The America Invents Act offers provisions useful to address patent ownership and declaration requirements; a few simple efforts can be made to mitigate issues (and expense) that can arise when dealing with unavailable or uncooperative inventors.

Copyright “Fair Use” and Enforcing Your Rights

The "Dancing Baby" case highlights the importance of performing an analysis under the fair use doctrine before issuing a takedown notice.

Adding Claims to Provisional Patent Applications

Developing robust claims for provisional applications can help to ensure that important enablement requirements are satisfied ...