Patent Trademark Blog

APRIL 19, 2023

What does patent obvious mean? To be patentable, an invention must be novel and nonobvious. But, what makes a patent application obvious? If you get an obviousness rejection under Section 103, how do you show that you are trying to patent a nonobvious invention? Want to file a nonobvious patent? OK, we get that.

Patent 98

Patent Patent Application Invention Art 98

IP Watchdog

APRIL 30, 2024

Now, the Department of Commerce (DOC) has announced several new actions aimed at implementing that order. Patent and Trademark Office (USPTO) today published a request for comment (RFC) on “how AI could affect evaluations of how the level of ordinary skills in the arts are made to determine if an invention is patentable under U.S.

Technology 69

Technology Invention Art Publishing 69

Patent Trademark Blog

FEBRUARY 15, 2023

Will arguments be necessary in your utility patent application? Nine out of ten utility patent applications will get rejected at least once. So, yes, arguments will be required in the vast majority of utility patent applications. You would receive an Office Action containing claims rejections under a Section 102 heading.

Patent Application 98

Patent Application Patent Art Invention 98

Patent Trademark Blog

MARCH 6, 2024

What is a smarter way to patent a medical device? Medical device patents can make a direct impact on sales as well as create licensing opportunities. Even pending patent applications may help startups raise capital. Let’s look at some smart ways to patent a medical device. Need to patent a medical device?

Patent Application 52

Patent Application Patent Art Design Patent 52

Indiana Intellectual Property Law

FEBRUARY 19, 2024

D827,946 for a “Pet Grooming Glove,” a design that was allegedly already in circulation in the United States before the patent application. The complaint contended that the Defendant deliberately failed to disclose this information to the USPTO during the patent’s prosecution.

Patent Prosecution 52

Patent Prosecution Patent Designs Design 52

Patent Trademark Blog

NOVEMBER 28, 2023

How long is the average design patent application? There are two tracks or timeframes for US design patents. On the fast track known as Rocket Docket , you may be able to get a design patent granted in about 5-10 months from the filing date if there are no rejections. Need to get US design patents quickly?

Design Patent 52

Design Patent Designs Design Patent 52

Patent Trademark Blog

JULY 14, 2022

Leap of Faith: File a PCT patent application while your US application might get rejected? Timing your patent filings can be tricky. For US applicants, the deadline for filing a PCT patent application is 1 year from your earliest US filing date known as the priority date. Here is a helpful timeline. PCT National Phase Timeline.

Patent Application 98

Patent Application Patent Art Reporting 98

Patently-O

APRIL 25, 2024

government by using fraudulently obtained patent rights prop up its drug prices. government by using fraudulently obtained patent rights prop up its drug prices. The Act allows private citizens, known as “ relators ,” to bring qui tam actions on the government’s behalf against those who have defrauded the government.

Patent 58

Patent Government Art Reporting 58

Patent Trademark Blog

FEBRUARY 9, 2023

Should you try to file a patent yourself? Should you file a utility patent application yourself? Would your utility patent application enjoy a higher success rate if it were filed by a patent attorney? Keep in mind we’re talking about utility patents as opposed to design patents. with representation.

Patent 98

Patent Patent Application Design Patent Designs 98

Patent Trademark Blog

APRIL 14, 2022

Will your patent be rejected? Here are statistics on whether your patent will be rejected. A nonprovisional utility patent application has a roughly 90% probability of at least one rejection. A design patent application has an approximately 86% chance of approval. How to respond to utility patent rejections.

Patent Application 52

Patent Application Patent Design Patent Art 52

Patent Trademark Blog

FEBRUARY 1, 2022

What makes for a successful patent Office Action response? When it comes to responding to patent rejections , you have essentially two weapons. A successful patent Office Action response typically involves a combination of claim amendments and technical arguments. First, you can amend the claims.

Patent 52

Patent Art Invention Copying 52

Patent Trademark Blog

JUNE 2, 2022

For US filers seeking patent protection in China, the utility model is an attractive alternative to filing regular utility patent applications. Understandably, companies seek cost-effective ways to gain utility patent protection without spending so much. IP owners want the equivalent of a utility patent without high costs.

Patent 52

Patent Art Patent Application IP 52

Patent Trademark Blog

JUNE 2, 2023

Congratulations on getting your utility patent. After overcoming Office Actions and multiple rejections, you have reached the desired goal of getting your patent granted. Call Vic at (949) 223-9623 or email vlin@icaplaw.com to explore how we can help you reissue your patent. What is a reissue application?

Patent 52

Patent Art Blogging Designs 52

SpicyIP

FEBRUARY 28, 2022

We’re pleased to inform you that LexisNexis has introduced LexisNexis PatentAdvisor Extension, a free web tool to display patent examiner statistics on USPTO Websites. LexisNexis Introduces LexisNexis PatentAdvisor Extension, Free Web Tool to Display Patent. Art unit’s average office actions to allowance. “As

Patent Prosecution 98

Patent Prosecution Intellectual Property Patent Art 98

Patent Trademark Blog

MARCH 29, 2022

How many patent Office Actions are possible? No, there are no limits to how many patent Office Actions (OA) an Examiner can issue. Sadly, multiple Office Actions are quite common in utility patent applications. How close are the prior art references ? What is your budget?

Patent Application 52

Patent Application Patent Art Blogging 52

Patent Trademark Blog

JULY 11, 2022

Mission Impossible: Can you block a design patent application? Design patent applications are not publicly viewable. It can be nearly impossible to figure out what design patent applications are pending. Suppose your competitor indicates that their product is patent-pending. Mission #3: Find relevant prior art.

Design Patent 52

Design Patent Patent Application Designs Design 52

Patently-O

JULY 22, 2022

” UDP Labs quickly filed a provisional patent application for Young and Hewitt’s new inventions. More patent applications filed rather quickly, all claiming priority back to that original application filed during the consulting agreement period. After the fifth month but prior to the six?month Young , 532 F. 3d 793, 798 (D.

Patent Prosecution 79

Patent Prosecution Patent Invention Patent Application 79

Patent Trademark Blog

JUNE 8, 2023

Do you need to find a new patent lawyer? What are the signs that you need a new patent lawyer? If the time is right to make a change, how do you go about finding the right patent attorney ? Need a new patent attorney? What are some excuses that do not justify changing your patent lawyer?

Patent 52

Patent Patent Application Cease and Desist Trademark 52

LexBlog IP

APRIL 4, 2023

Interesting Patents | Electronic arts | Tuesday, april 4, 2023 @media screen and (max-width: 1023px) {.thegem-vc-text.thegem-custom-642d359f1082a5020{display: important;}} The United States Patent and Trademark Office (USPTO) grants hundreds of new patents every week, showcasing developments in technology and innovation.

Art 52

Art Editing Patent Patent Application 52

Patent Trademark Blog

MARCH 30, 2022

How to Review a Draft Office Action Response. Roughly 90% of utility patent applications will get rejected at least once. When it comes to utility patent applications, rejections come with the territory. Expect at least one Office Action in your nonprovisional patent application.

Patent Application 52

Patent Application Art Patent Invention 52

Patent Trademark Blog

APRIL 4, 2022

What is a smarter way to respond to multiple Office Actions? If you haven’t figured it out already, you’ll soon learn that your utility nonprovisional patent will encounter rejection s. Multiple Office Actions are common in utility patent applications. So here’s an unconventional approach.

Patent Application 52

Patent Application Art Patent Blogging 52

Patent Trademark Blog

JUNE 20, 2023

Should you go with a flat rate patent attorney? Some argue that fixed fee patents do not provide a good value. The argument is that flat rate patent lawyers would be tempted to do less work for a fixed fee. Patent lawyers may be tempted to bill more hours in working on a patent application.

Patent Application 52

Patent Application Patent Art Designs 52

Patent Trademark Blog

AUGUST 13, 2021

How to get an early PCT prior art search. A prior art search is conducted for every PCT application. Depending upon your PCT filing date, that prior art search report may be issued sooner than an Office Action in a counterpart application. How can you take advantage of the PCT prior art search?

Art 74

Art Reporting Patent Prosecution Patent Application 74

TraskBritt Intellectual Property

JUNE 10, 2021

An applicant secures a patent after successfully prosecuting the patent application at the United States Patent and Trademark Office (USPTO). When the USPTO believes an application embodies an invention worthy of a patent, the USPTO grants a Notice of Allowance. Patentability Search.

Patent Application 52

Patent Application Patent Invention Patent Prosecution 52

JD Supra Law

AUGUST 26, 2022

Spurred by President Biden's call for action to increase drug competition and a 2021 letter addressed to the U.S. By: Wilson Sonsini Goodrich & Rosati

Government 52

Government Patent Application Invention Art 52

The IPKat

SEPTEMBER 11, 2023

Among the main changes, there is the strengthening of protection of PDOs and PGIs with the introduction (in Art. The new wording of Art. The new wording of Art. Back in 2009, Art. 14 of the IPC The new wording of Article 14(1)(b) IPC is as follows (informal translation by the author): “ 14.

Art 73

Art Registration Law Trademark 73

Patently-O

NOVEMBER 25, 2022

Happy Thanksgiving to Patently-O readers out there — new and old! If you are shopping for holiday gifts for the patent attorney in your life (or perhaps self-indulging), here are a few gift ideas. Any real patent law firm will have a few of these always skirting around. Patent Art. Dyson Airwrap.

Patent 74

Patent Art Branding Brands 74

Intepat

MAY 28, 2024

Trademark dilution is like death by a thousand cuts, and it is crucial to prevent the first cut. Apple’s smart business strategies have successfully upheld the validity of its trademark, preventing it from being diluted. Notably, Apple trademarked its store design in the United States in 2011.

Trademark 52

Trademark Intellectual Property Branding Brands 52

Patent Trademark Blog

MAY 31, 2022

How do you file foreign patents cost-effectively? It’s no secret that obtaining foreign patent protection is highly expensive. Most clients are under a limited budget, seeking to stretch their money as much as possible to seek smarter patent protection. Is there a smarter strategy to file foreign patents?

Patent 52

Patent Art Invention Patent Application 52

Patent Trademark Blog

AUGUST 11, 2021

What are patent claim amendments? Claim amendments are a natural part of the utility patent process. A typical utility nonprovisional patent application will receive at least one Office Action rejecting the claims. Amendments are, therefore, common and to be expected in the normal course of patent prosecution.

Patent Application 66

Patent Application Art Patent Prosecution Patent 66

LexBlog IP

NOVEMBER 22, 2021

Patent Prosecution Highway or PPH is a set of initiatives promulgated by participating patent offices around the world to accelerate patent prosecution in countries of the participating patent offices. In contrast, an average time to prosecute non-PPH patent applications is approximately 22.7

Patent Prosecution 52

Patent Prosecution Patent Application Patent Copying 52

IP Intelligence

MARCH 31, 2022

Effective March 29, 2022, the United States Patent and Trademark Office (USPTO), the Japan Patent Office (JPO) and the Korean Intellectual Property Office (KIPO) will accept a new combined petition option to participate in the Expanded Collaborative Search Pilot (CSP) program.

Intellectual Property 52

Intellectual Property Patent Application Patent IP 52

Fish & Richardson Trademark & Copyright Thoughts

SEPTEMBER 20, 2022

discuss recent post-grant developments at the United States Patent and Trademark Office (USPTO). The article examines the USPTO’s updated guidance regarding Fintiv , the Director review process, applicant admitted prior art, proposed legislation, and more. Attorneys Nicholas Stephens and Casey Kraning, Ph.D.

Journalism 74

Journalism Patent Art IP 74

LexBlog IP

MARCH 31, 2022

Effective March 29, 2022, the United States Patent and Trademark Office (USPTO), the Japan Patent Office (JPO) and the Korean Intellectual Property Office (KIPO) will accept a new combined petition option to participate in the Expanded Collaborative Search Pilot (CSP) program.

Intellectual Property 52

Intellectual Property Patent Application Patent IP 52

Patent Trademark Blog

JUNE 1, 2022

Can a boutique IP firm handle US patent filings for a large client? Some issues arise due to different limitations by foreign patent offices. For example, the USPTO imposes a 150 word limit on abstracts which may be lower than foreign patent office requirements. Is the US patent law firm familiar with PCT nuances?

Inventor 52

Inventor Art Patent Law Patent Application 52

Erik K Pelton

DECEMBER 20, 2022

The year saw many trademark stories in the news as backlogs continued at the USPTO even while application filing numbers dropped from their all time highs during the two previous years. Here are the biggest trademark stories of 2022 that we have been following at EMP&A. Celebrity trademark messes. Queen of Christmas.

Trademark 130

Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

LexBlog IP

AUGUST 31, 2021

– a leading furniture brand and purveyor of the iconic Eames Chair Design – suffered a loss at US Trademark Trial and Appeal Board (TTAB) in its bid to protect as “trade dress” the design of the chair. Herman Miller, Inc. De facto functionality is not a ground for refusal. In re Ennco Display Sys. 4 (TTAB 1999).

Advertising 52

Advertising Advertising Designs Design 52