Patent Trademark Blog

JANUARY 18, 2023

What makes an invention eligible for patent protection? Not every new thing is patentable. A concept might be unique, and yet ineligible for patent protection. Subject matter eligibility refers to whether an invention is qualified for patent protection. 35 USC 101 – Inventions patentable.

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Patent Trademark Blog

FEBRUARY 15, 2022

Do you need a design or utility patent application? If the appearance (how it looks) is what matters, then a design patent application may be the right type of patent application. If the unique features of your concept are functional or structural, then consider filing a utility patent application.

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Patent Trademark Blog

APRIL 19, 2023

What does patent obvious mean? To be patentable, an invention must be novel and nonobvious. A novel invention is new, unique, something hasn’t been before. But, what makes a patent application obvious? Want to file a nonobvious patent? Who really decides if a claimed invention is obvious?

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Patent Trademark Blog

MAY 24, 2022

When do patents and trademarks overlap? Everyone once in awhile, a client may have IP rights that involve both patents and trademarks. When the two types of IP overlap, it helps to have a patent and trademark attorney that can carefully navigate pending IP applications to avoid forfeiting rights.

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Kashishipr

JULY 28, 2021

In the absence of such a doctrine, the true essence of the patent and the monopolistic rights would never be realized to their full potential as it would enable the competitors to make unimportant changes to the invention to claim another set of rights altogether. Brief Introduction.

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Intellectual Property Law Blog

SEPTEMBER 30, 2022

Patent and Trademark Office (USPTO) conducted a live meeting for its Artificial Intelligence (AI) and Emerging Technologies (ET) Partnership Series. Key takeaways from the meeting and published materials will be summarized in our Three-Part Blog Series. Part One – Helpful Tips for Prosecuting Patents in the Biotechnology Space.

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SpicyIP

OCTOBER 20, 2023

Reengineering of the Requirement of Disclosure of Foreign Applications by the 2019 Patent Manual – on the requirement to disclose the corresponding foreign patent applications. Part II: Diagnostic method patents in India – on prohibition to patent diagnostic methods. Hear Me Out!

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Patent Trademark Blog

JANUARY 29, 2024

When should you file a patent application? Apply for a patent now or wait a bit? At what point will it be too late to file a patent application ? The best time to file a patent application is before you show your invention to the public or make any sales. How much will it cost to file a patent?

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SpicyIP

OCTOBER 9, 2023

Image by pvproductions on Freepik A gentle reminder to our readers that the last day to submit comments for the revision of the Patent, Designs, Trademark, GI and Copyright Manuals and Guidelines is just around the corner. Part II: Diagnostic method patents in India – on prohibition to patent diagnostic methods.

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Patent Trademark Blog

JULY 30, 2021

What kinds of comments are useful in revising a draft patent application? So your patent attorney has send you a first draft of your utility patent application for your review. You’re not sure what to do, so you read my helpful tips on how to review a draft patent application.

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Patent Trademark Blog

JUNE 28, 2021

Aside from the PCT, a US utility patent application may be filed claiming the benefit of an earlier filing date of a foreign priority application for the same invention. Whatever it may be called, one thing is clear – a direct priority application is not a national stage entry based on a PCT application.

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Patent Trademark Blog

MARCH 28, 2022

Some law firms are more focused on IP litigation while others, such as our firm , are heavily focused on filing patents and trademarks. Despite their marketing efforts, the utility patent cost estimates of many IP firms may be out of reach for many clients. So why are (utility) patents so expensive?

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Patent Trademark Blog

FEBRUARY 15, 2022

What makes for a good utility patent application? Is a good patent application one that avoids rejections ? What if I were to tell you that a utility nonprovisional patent application that gets allowed easily might not always be a good thing? Need to file a patent application? Of course not.

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Patent Trademark Blog

OCTOBER 26, 2022

There is a tradeoff when you file a patent. In order to gain certain exclusive rights from the government, inventors must disclose detailed information on how to make and use their invention. In exchange for the public disclosure of your proprietary information, the government is willing to give you a patent. See MPEP 2164.06

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Patent Trademark Blog

JANUARY 4, 2023

What is a utility nonprovisional patent application? Unlike design patents , utility patents protect functionality. To get a utility patent, you have to file a utility nonprovisional patent application and ultimately get it allowed. How to Tell If Your Patent Claims Are Good.

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IPilogue

JUNE 2, 2022

In February 2022, however, the Federal Court of Australia joined the ranks of the United States and the United Kingdom in disallowing AI to be owners of patents, even if the product is solely created by AI. In 2021 , the Canadian Intellectual Property Office (CIPO) issued a non-compliance notice for DABUS’ patent application in Canada.

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Patent Trademark Blog

SEPTEMBER 20, 2023

Can you include a logo in your design patent application? Let me share a strategy if you’re thinking about filing a design patent application for a new product that might be considered somewhat similar to existing products. It is possible to include a logo in your design patent application for a product.

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Patent Trademark Blog

MARCH 24, 2022

We’ll cover some basics on timing and costs for the most common applications for intellectual property protection. How to protect your products with trademarks. Trademarks are relatively straightforward. So you need to choose a trademark and identify the goods or services to be sold under the mark.

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Garrigues Blog

JUNE 22, 2021

In accordance with the Spanish Patent Law, the first application for a patent made in Spain must be filed at the Spanish Patents and Trademarks Office and penalties can be imposed in the event of the breach of this requirement. What is an invention made in Spain? In this regard, article 115.1 of the LP).

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Kashishipr

FEBRUARY 9, 2022

To be specific, market research performed before filing a Patent Application or after obtaining Patent Protection may help an inventor or innovator significantly in examining the business environment for his invention or innovation. He would also understand the profitability and commercial viability of his invention.

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IP Tech Blog

JUNE 30, 2021

A patent must teach one skilled in the relevant art how to make and use the claimed invention, as required by 35 U.S.C. The Manual of Patent Examining Procedure (MPEP) 608.01(p) Failure to do so raises an inequitable conduct issue related to the applicant’s duty of disclosure, as discussed in our related posts here and here.

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Patent Trademark Blog

SEPTEMBER 23, 2021

Claims vs. Description of the Invention. A utility patent is not a simple thing to understand. In a typical utility patent, you’ll see a bunch of drawings labeled as Figures and paragraphs of text. Where is the description of the invention? What is the difference between claims and the description of the invention?

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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.

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IP Tech Blog

JANUARY 4, 2022

On January 3, 2021, the US Patent & Trademark Office (USPTO) announced an extension of the modified COVID-19 Prioritized Examination Pilot Program. Prioritized examination allows an application to be advanced out of turn and accorded special status for examination.

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Patent Trademark Blog

DECEMBER 2, 2022

Patent attorneys will sometimes use the term “straight continuation” to refer to a specific type of child application that stems from a parent patent application. A straight continuation is simply a child application that does not contain new matter. PCT), or an international design application.

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Patent Trademark Blog

FEBRUARY 9, 2023

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. Do-It-Yourself (DIY) a wise option?

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Kashishipr

MARCH 16, 2022

In this article, we will be throwing light on the 03 most common forms of IP, including trademarks, copyright, and patents, along with the different and varying levels of protection that they offer. Trademarks. In general, patents last for twenty years from the date of filing (it may vary from one country to another).

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Patent Trademark Blog

DECEMBER 12, 2022

What is the filing deadline for a US design patent based on a foreign priority application? When it comes to filing related patent applications across different countries, filing dates are critical. A US design patent application must be filed within six months of your foreign priority date.

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The IP Law Blog

JULY 28, 2022

Patent and Trademark Office announced that the PTO would be revisiting the test for patent subject matter eligibility. The announcement was made on the blog homepage of PTO Director Kathi Vidal. A patent protects an invention. In her blog post, Director Vidal states that stakeholders with respect to U.S.

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LexBlog IP

OCTOBER 24, 2023

This post was originally published to Seyfarth’s Gadgets, Gigabytes & Goodwill Blog. In a recent post , we discussed whether patent applications could provide insight into the blueprints of extraterrestrial spacecraft. 4 of the ‘240 patent shows that this is the type of invention we’d like to keep secret.

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Trading Secrets

OCTOBER 24, 2023

This post was originally published to Seyfarth’s Gadgets, Gigabytes & Goodwill Blog. In a recent post , we discussed whether patent applications could provide insight into the blueprints of extraterrestrial spacecraft. 4 of the ‘240 patent shows that this is the type of invention we’d like to keep secret.

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LexBlog IP

SEPTEMBER 2, 2021

On September 3, 2021, the US Patent & Trademark Office (USPTO) will announce that it is modifying the COVID-19 Prioritized Examination Pilot Program to accept an unlimited number of applications until December 31, 2021. Please see our blogs here and here for further background information.

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Biswajit Sarkar Copyright Blog

MARCH 1, 2024

Thus, a legal safeguard should be provided to inventors for their inventions to keep their interest in science alive. What are the biotechnological inventions? This leads them to think about protecting their inventions from unauthorized use. What is patent? Who can file a patent application?

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Patent Trademark Blog

OCTOBER 10, 2022

In order to file a PCT application , a Receiving Office (RO) must be selected. For most US practitioners, the default is to select the US as the Receiving Office due to the familiarity of electronically filing patent applications with the USPTO. How to File a PCT Application When Invention Was Made In USA.

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LexBlog IP

FEBRUARY 15, 2024

Guidance on using AI to Invent Due to the quick rise of artificial intelligence (AI), most (if not all) of the laws relating to the US patent system were not written with AI in mind. Vidal , a Federal Court of Appeals case that determined whether AI can be listed as an inventor on a patent application.

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Patent Trademark Blog

JULY 28, 2022

Can you file a single patent application for all countries? Wouldn’t it be great if you could get a single patent to cover all countries? Is there such a thing as a worldwide utility patent? What a PCT does not give you, however, is a granted international utility patent. Not exactly.

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LexBlog IP

SEPTEMBER 30, 2022

Patent and Trademark Office (USPTO) conducted a live meeting for its Artificial Intelligence (AI) and Emerging Technologies (ET) Partnership Series. Key takeaways from the meeting and published materials will be summarized in our Three-Part Blog Series. On September 22, 2022, the U.S.

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