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USPTO Options for Applicants to Obtain a Patent More Quickly

Posted on Jun 29, 2016 in Articles

There are many reasons why an applicant might want their patent to be granted faster. Fortunately, the U.S. Patent and Trademark Office (USPTO) offers a variety of options for patent applicants to obtain patents more quickly.

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New Legal Interpretation Puts Many Patents at Risk

Posted on May 27, 2016 in Articles

Timing is everything—so the ­saying goes. In the world of patent procurement, bad timing can have horrendous consequences. A district court recently held that a patent application was filed one day later than the statute allowed, and the resulting patent was thus invalid. The ­decision contravenes 150 years of accepted patent practice. If the decision is allowed to stand, more than 12,000 patents may become worthless.

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Importance of Protecting Intellectual Property in Cuba

Posted on Apr 27, 2016 in Articles

As the relationship between the United States and Cuba continues to improve, significant business opportunities will arise. For any organization seeking to engage in the Cuban economy, the importance of having intellectual property protection is paramount.

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Finding of Inequitable Conduct Renders Patent Unenforceable

Posted on Mar 23, 2016 in Articles

Any person associated with the filing and prosecution of a patent application has a “duty of candor and good faith” toward the U.S. Patent and Trademark Office (USPTO). Failure to satisfy this duty can have dire consequences—a court may determine that “inequitable conduct” has occurred and a patent may therefore be found to be unenforceable. Proving that a party has engaged in inequitable conduct, however, has become very difficult over the past few years. So when recently, in Ohio Willow Wood v. Alps South LLC, 2015-1132 (Fed. Cir. Feb. 19, 2016), the U.S. Court of Appeals for the Federal Circuit reached an opinion that inequitable conduct had ­occurred, many IP attorneys took notice.

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U.S. Supreme Court to Review Patent Claim Construction Standards

Posted on Feb 24, 2016 in Articles

The U.S. Supreme Court is soon set to decide the standard that should be used when the U.S. Patent and Trademark Office reassesses the validity of an issued patent. The case, Cuozzo Speed Technologies LLC v. Lee, No. 15-446, may play a significant role in determining whether an accused patent infringer can defend itself by arguing that the asserted patent should have never been granted in the first place.

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Patent Application Filings and Experimental Use Exception

Posted on Feb 1, 2016 in Articles

A U.S. patent application must be filed within one year of the underlying invention being on-sale or in public use, or all rights are lost. Experimental use, however, creates a grace period beyond the one year deadline. The Court of Appeals for the Federal Circuit will soon issue an important opinion clarifying when an experimental use has actually occurred.

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A Different Slant On The Slants’ Trademark Dispute

Posted on Jan 25, 2016 in Articles

The football team The Washington Redskins and the musical group The Slants have recently been tied together – both have argued that their First Amendment rights were violated when their federal trademark registrations were denied. In The Slants’ case, however, the battle over the registration of their trademark began with arguments that racism and the ethnicity of the trademark owner were the causes of the dispute.

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Using Patents to Envision the Future of Technology

Posted on Dec 23, 2015 in Articles

What new ideas and innovations will be seen in the near future? How will technology be affecting our lives in the months ahead? To answer these questions, technologists often study recently granted patents and published patent applications in order to predict how innovation will influence the future.

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Virtual Patent Marking

Posted on Dec 8, 2015 in Articles

Patent owners who do not provide constructive notice to potential infringers by marking their products are prevented from recovering any damages for any infringements occurring prior to serving an actual, specific, notice of infringement, or bringing suit. Accordingly, patent owners who wish to realize the full potential of infringement damages through a lawsuit should mark their products with applicable patent numbers.

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End of the Line for Forum-Shopping in Patent Infringement Cases?

Posted on Dec 8, 2015 in Articles

In the first half of 2015, an astonishing 44 percent of all new patent civil actions were filed with the Eastern District of Texas. Furthermore, in 2014, two judges in the Eastern District of Texas were assigned 23.7 percent of all new patent civil actions filed that year.

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