LexBlog IP

JUNE 20, 2022

Given the low frequency, relatively noncontroversial) If new claims are added to a patent by reexamination or reissue, even if petitioner is outside of its window, those claims get a fresh window. New) Fees of small and micro-entities may be covered by the agency if the patent is not being litigated or licensed.

Litigation 52

Litigation Invention Licensing Patent 52

LexBlog IP

AUGUST 8, 2023

The Patent Office is not supposed to issue separate patents for the same invention to competing inventors. Several statutory provisions empower the Office to reject pre-AIA patent application claims of the later inventor. But sometimes it’s not clear who is the later inventor. Those provisions are therefore unhelpful.

Patent 52

Patent Invention Inventor Patent Application 52

IP Tech Blog

APRIL 11, 2023

To evaluate the capabilities of Generative AI, we selected the USPTO’s recent announcement about grants of digital patents as a topic, and compared a blog that we prepared and a blog that Generative AI (here, Google Bard) prepared. A sample of this new eGrant patent is available here. 35 U.S.C. §

Inventor 57

Inventor Copying Blogging Patent Application 57

Fish & Richardson Trademark & Copyright Thoughts

SEPTEMBER 7, 2021

In the August 2021 edition of our monthly Texas Patent Litigation Monthly Wrap-Up, we cover a case concerning the doctrine of prosecution laches. 2021), the Personalized Media court held that the asserted patent U.S. 8,191,091 (the “’091 Patent”) is unenforceable under the doctrine of prosecution laches. Patent Nos.

Litigation 52

Litigation Patent Patent Application Technology 52

LexBlog IP

APRIL 11, 2023

To evaluate the capabilities of Generative AI, we selected the USPTO’s recent announcement about grants of digital patents as a topic, and compared a blog that we prepared and a blog that Generative AI (here, Google Bard) prepared. A sample of this new eGrant patent is available here. ’’ 35 U.S.C. § § 120.

Inventor 52

Inventor Copying Blogging Patent Application 52

LexBlog IP

SEPTEMBER 9, 2022

On July 29th, 2022, the current director of the United States Patent and Trademark Office (USPTO), Katherine Vidal, published a notice in the federal register regarding the duty of disclosure before the patent office. For reexamination proceedings, “each individual” associated with the patent owner has a duty of disclosure.

Government 52

Government Intellectual Property Marketing Marketing 52

LexBlog IP

JUNE 19, 2023

That is, whether paying $80K for one petition, or $40K each for two petitions (to fit all of the patent claims), is just a question of administrative efficiency. Requiring settlement documents to be filed outside of the proceeding, before the IPR is initiated, seems inconsistent with the statute. This is false.

Art 52

Art Settlement Litigation Technology 52

LexBlog IP

DECEMBER 21, 2021

USPTO announced on December 21, 2021, that it has created a new Petition for Expungement or Reexamination form to be used in TMA actions. This mechanism allows the USPTO to reexamine the accuracy of the applicant’s claim of use at the time the averment was made. .” Ex Parte Challenges to Current Trademark Registrations.

Trademark 40

Trademark Registration Intellectual Property Litigation 40

LexBlog IP

APRIL 24, 2023

Patent Owner disclosure on relationships for 314(a) consideration? The Patent Owner disclosure requirement to argue 314(a) will not be popular. That said, if you are trying to argue district court litigation is better for patent policy than the PTAB, you should put all of your cards on the table. Separate 314(a) briefing?

Settlement 52

Settlement Litigation Patent Business 52

LexBlog IP

JANUARY 5, 2022

We will start with patents and copyrights because they have constitutional grounding in Article 1, Section 8 : [The Congress shall have power t]o promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries. 14 Landslide 30 (No.

Intellectual Property 52

Intellectual Property Government Invention Copyright 52

Patentably Defined

JANUARY 19, 2011

Generally, when drawings for utility patent applications are required, they must be black and white line drawings. The requirements and Rules for patent drawings are substantially set forth in Section 608.02 of the MPEP , which should be a primary reference in the preparation of patent drawings. The Rules for Drawings.

Patent Application 40

Patent Application Design Patent Invention Copying 40