Patent PTAB Precedent 1998-2021

Patently-O

Patent

Design Patent: Invalid as Unduly Functional

Patently-O

Evo’s design patent claims an “ ornamental design for a foldable bag ” as shown in the figures above. district court held the patent invalid as both functional and obvious; and also not infringed. ” Patentby Dennis Crouch. Golden Eye Media USA v.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Judging Patent Cases

Patently-O

For the chart below, I tabulated about 7,000 individual votes from the Federal Circuit Judges in patent cases decided 2014-2021. For each judge, I show the percentage of individual decisions that sided with the patent challenger; or patent owner in each case. Patent

Patent 106

Animated Design Patents

Patently-O

Companies associated with William Grecia have filed over a dozen cases alleging infringement of design patents for “animated graphical user interfaces.” The patent asserted in that case, U.S. Patent No. So what does this patent cover? Patent

IPO Diversity in Innovation Toolkit

Women and diverse employees have the technical skill and knowledge, yet their contributions are not patented at the same rate as those of their male counterparts.This toolkit can help organizations move the needle on achieving gender parity in innovation.

Jumbo Patents

Patently-O

In 1982, the USPTO began charging a surcharge for patent applications that included >3 independent claims and >20 total claims. Both curves peak in 2005 with that year celebrating the issuance of the most jumbo patents in history. of patents issued with more than 50 claims.

Patent Filings Roundup: Petitions on Key Dupe Patents Denied Under Fintiv; Taxidermy Patent Filings Stuffed

IP Watchdog

It was a slow week at the Patent Trial and Appeal Board (PTAB) and a fast one in the district court, with 82 new patent complaints and 85 terminations, but just 18 patent filings at the PTAB.

How to Get a Better Design Patent

Patent Trademark Blog

What makes a design patent better? Design patents are quite simple. You do a bit of research into the differences between a design and utility patent , and conclude that design is the way to go. By better, we mean a patent that provides broader rights.

Defending Design Patents

Patently-O

In our new paper, The Truth About Design Patents , we debunk three widely held—but incorrect—views about U.S. design patents. Taken together, these myths paint a grim picture of design patents: Half of all design patent applications are rejected. Acquiring Design Patents.

Quote your own patent cost: How much do you want to pay to file a patent?

Patent Trademark Blog

What if we adjust our initial filing patent cost to match your budget? Nearly every patent firm sets their own attorney’s fees and service rates. So we asked ourselves the following question: What can we do to make utility patents more affordable?

IPWatchdog’s Patent Litigation Masters: Waving a Wand to Fix U.S. Patent Litigation

IP Watchdog

Day two of IPWatchdog’s Patent Litigation Masters Program yesterday included panels on IP Finance, Mega Verdicts in Patent Litigation, Expert Witnesses and the Fintiv Saga.

CAFC Says District Court Correctly Invalidated Design Patent

IP Watchdog

Design Patent No. D779,828 (‘828 patent) invalid. The district court held the ‘828 patent to be invalid for reasons of functionality and obviousness. On June 22, the U.S.

Do we recommend PCT patent applications?

Patent Trademark Blog

Does our firm recommend PCT patent applications? If foreign utility patent protection is desired, filing a PCT patent application makes sense for many applicants. However, such late patent filings will not have the benefit of a priority claim to your earlier filing date.

Cool idea, But No Patent

Patently-O

Thad Gabara is a former Bell Labs engineer and is a prolific inventor with 100+ patents in his name. Along the way, Gabara also became a patent agent and personally prosecuted many of his recent patents, including the Sliding Window patents asserted here. Patent Nos.

The 12-Year Patent

Patently-O

A patent costs money; and the costs continue even after issuance. requires a set of three “maintenance fees” to keep a utility patent in force for its entire 20 year patent term. This is most commonly experienced by international patent application (PCT) filers.

Supreme Court Patent Decisions

Patently-O

The chart below shows the number of Supreme Court patent decisions broken-up by decade. Subsequently, the Court limited the number of patent cases it heard via the certiorari process. Oracle , which discusses substantive patent issues). ” Patentby Dennis Crouch.

He, She, or They in US Patent Law

Patently-O

The following year, Congress passed the first patent act that was then signed-into law by President George Washington. Swanson, Making Patents: Patent Administration, 1790-1860 , 71 Case W. That said, patenting by women was at an extremely low level. patent system.

2021 Patent Grants

Patently-O

Total utility patent grants are down about 7% for calendar year 2021. PatentStill the total ranks as the third highest of all time. The Office has almost eliminated unwanted delay in examination. Right now the delay is about 17 months from filing to first office-action.

Art 95

Note to Senators: U.S. Patent Office Remains Under a Permanent Injunction

IP Watchdog

Patent and Trademark Office (USPTO) Director Kathi Vidal expressing concern about so-called “patent thickets” and requesting that she consider changes to the USPTO regulations and practices to address perceived problems with patent examination.

Patent 108

Patent Attorney Meeting: What questions to answer before first call

Patent Trademark Blog

How to prepare for the first patent attorney meeting. While we never want to discourage anyone from asking questions, coming prepared to an initial meeting with a patent attorney will lead to a more helpful discussion. Can we tell you if your invention is patentable?

Doctrine of Equivalents in Patent Litigation

Patently-O

Patent15 years ago, several studies announced the “death of the doctrine of equivalents” post Festo.

China’s Rise in U.S. Design Patent System

Patently-O

In 2015, the US linked its design patent system with Hague — this gives U.S. design patent system. design patents originated from outside of the U.S.; with Chinese-origin design patents taking the clear quantitative lead over all other nations. Patent

Patent reform

Likelihood of Confusion

I joke about patents here, but it’s from love, believe me. The post Patent reform appeared first on LIKELIHOOD OF CONFUSION™. PatentsIf you have anything to do with intellectual property law, however, you are likely to get buttonholed by someone.

AI Patenting

Patently-O

Judge Brinkema sides with USPTO — holding that the Patent Act’s use of the term “individual” is limited to a human person — and thus that only humans can be inventors. USPTO AI patent Decision. PatentRead the decision here: Thayler v.

How can an Amazon seller use design patents?

Patent Trademark Blog

How can an Amazon seller benefit from design patents? Those who tend to ignore IP are the ones caught off guard when, for example, a patent owner blocks them from selling a competing product on Amazon. When should Amazon sellers consider filing design patents?

How to Patent a Design

Patent Trademark Blog

What does it take to patent a design? Before diving into how to patent a design, let’s first cover the why questions. Why do you want to get a design patent? Why is a design patent as opposed to a utility patent the right type of IP for your idea?

Unified Patents is Seeking a Senior Patent Counsel

IP Watchdog

Unified Patents is again growing its legal department, and seeks to add two experienced, registered patent attorneys to its team. jobs Legal Position Patent Attorney Position patent job patent jobs Remote position remote work Unified Patents working remotely

Is a method of treatment patentable in the US?

Patent Trademark Blog

Are methods of treating humans patentable in the US? Yes, a medical method of treatment is patentable in the US. Of course, methods of treating human health issues must meet all conditions of patentability. What can a make a method of treatment not patentable?

What happens if your patent is rejected?

Patent Trademark Blog

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.

A patent small claims court – what do you think?

Patently-O

ACUS is conducting a study on behalf of the USPTO to examine “issues associated with and options for designing a small claims patent court.” ” It recently published a request for public comments on the idea of a small claims patent court. patent litigation deters small- and medium-sized enterprises, including. to enforce their patents. whether a small-claims procedure is needed for resolving patent disputes. small claims patent court.

How many patent Office Actions can you get? Is there a limit to patent rejections?

Patent Trademark Blog

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. Has your patent attorney spoken with the Examiner ?

Unified Patents is Seeking a Senior Patent Counsel

IP Watchdog

Unified Patents is again growing its legal department, and seeks to add an experienced, registered patent attorney. IP News IPWatchdog Articles JobOrtunities Job Board Unified Patents

Supreme Court Refuses to Reconsider its Patent Eligibility Doctrine

Patently-O

As its final act for the 2021-2022 term, the US Supreme Court has denied certiorari in the pending patent eligibility cases of American Axle v. The Patent Act expressly lists four categories of patentable inventions: “any new and useful process , machine , manufacture , or composition of matter , or any new and useful improvement thereof, may obtain a patent therefor.” This language is almost identical to the list created for the Patent Act of 1790.

Central Tendency in US Patent Claim Counts

Patently-O

The first and second are histograms showing the number of claims per US utility patent – 2021 and 2006 issue dates respectively. The 2006 patents are significantly more spread, with many more patents under and over 20-claims mark. Patentby Dennis Crouch.

Top 10 Patent Cases: 1891 to 1951

Patently-O

Prior to 1891, appeals in patent cases went directly to the Supreme Court, and the Court decided lots of patent cases. The court decided a number of big patent cases during the period of 1891-1952, although many of them have been rejected or are no longer followed. Patent

Can you file a design patent to protect from infringement?

Patent Trademark Blog

Can filing a design patent protect you from infringement? Patent professionals, including myself, constantly stress that a patent does not protect its owner from infringement. You can own a patent and still infringe someone else’s patent.

Patent application attorney vs. patent litigation lawyer: What are the differences?

Patent Trademark Blog

What is a patent application attorney (patent prosecutor) versus a patent litigator? Patent practitioners generally fall under one of two practice areas: 1) patent litigation, or 2) patent prosecution. Do you need a litigator or patent application attorney?

Pride in Patent Ownership Act

Patently-O

A bipartisan pair of Senators have proposed the “ Pride in Patent Ownership Act.” ” The premise is that if you own a patent, you should be proud to own the patent — and actually record your ownership interest. Patentby Dennis Crouch.

Patent Patent Patent

Patently-O

I was testing out westlaw's "atleast#" search function and ended up with this chart on how often the Federal Circuit uses the term "patent" in its patent-focused decisions. 2017) with several hundred “patent” repeats across the four opinions in that en banc decision. Patent

Hyatt back to the Supreme Court: Special APA Procedures for the Patent Office?

Patently-O

According to the USPTO, there are a couple of hundred patent applications still pending that were filed prior to the June 1995 patent term transformation (GATT). Patentby Dennis Crouch. Hyatt v. USPTO (Supreme Court 2022).