Fish & Richardson Trademark & Copyright Thoughts

SEPTEMBER 16, 2022

Information and statements” may include, among other items, information that “refutes, or is inconsistent with, a position that the applicant takes in” either “opposing an argument of unpatentability relied on by the Office” or “asserting an argument of patentability.”. the party has a duty to submit the information to the USPTO.”.

Patent Prosecution 76

Patent Prosecution Due Diligence Reporting Inventor 76

LexBlog IP

JULY 17, 2023

Patent Trial and Appeal Board (PTAB). The PREVAIL Act serves as a supplement to the proposed STRONGER Patents Act, introduced in 2019. Improve PTAB rules to protect inventors from costly, unnecessary litigation. Improve PTAB rules to protect inventors from costly, unnecessary litigation.

Patent 52

Patent Litigation Business Patent Infringement 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

OCTOBER 24, 2022

However, if the Contractor fails to report any inventions to the contracting officer within two months of preparing the corresponding patent applications, the Contractor risks losing ownership of those inventions. The nations in which the Contractor seeks to file the patent application. media screen and (max-width: 1023px) {.thegem-vc-text.thegem-custom-63579507143ea2268{display:

Intellectual Property 52

Intellectual Property Invention Contracts Patent Application 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. What did the Board do?

Patent 52

Patent Invention Inventor Patent Application 52

LexBlog IP

JUNE 22, 2023

Also yesterday, some of the very same senators introduced the Patent Eligibility Restoration Act of 2023. The co-introduction of these bills suggests a plan to drive compromise on patent eligibility. Tech industry than the liberalized 101 standard of the Patent Eligibility Restoration Act. Senators Chris Coons (D-Del.),Thom

Settlement 52

Settlement Litigation Patent Art 52

LexBlog IP

OCTOBER 24, 2023

This case addresses how Patent Term Adjustment (PTA) interacts with obviousness-type double patenting (ODP). for infringement of four patents. Subsequently, Samsung requested four ex parte reexaminations asserting that the patents were unpatentable based on ODP, which was not raised by the examiner during prosecution.

Designs 52

Designs Design Patent Inventor 52

LexBlog IP

JUNE 20, 2023

For example, the agency cannot require Article III standing for an AIA petition (rejected in legislative history), give deference to previous reexaminations/decisions of the courts (explicitly addressed in AIA estoppel statutes), or foreclose otherwise viable agency options by forced stipulations (explicitly addressed in various AIA statutes).

Litigation 52

Litigation Ownership Patent Inventor 52

LexBlog IP

SEPTEMBER 5, 2023

The Federal Circuit recently upheld the Patent Office’s decision to reject claims in four separate reexamination cases due to obviousness-type double patenting (ODP). Unless overturned, this decision will significantly affect patent families that have patents with different expiration dates.

Patent 52

Patent Patent Application Inventor Intellectual Property 52

LexBlog IP

JANUARY 5, 2022

Copyright Conundrums, Sovereign States, and IP Piracy (2020). Perhaps picking up on the sentiment implied in the constitutional language the “securing for.inventors the exclusive right to their.discoveries,” Section 261 of Title 35 states that “patents shall have the attributes of personal property.”

Intellectual Property 52

Intellectual Property Government Invention Copyright 52

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