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Marijuana’s Role in the Pursuit of Patent Rights

Posted on Oct 24, 2016 in Articles

Marijuana is big business and the opportunities to make money, just like the plant, will only continue to grow. In 2015, Colorado’s marijuana sales came close to a staggering one billion dollars. And in next month’s election, five states will be voting on legalizing ­marijuana for recreational purposes, while four more states will be asking voters to decide whether the plant should be ­available for medical purposes. Businesses will ­expand and new companies will be born in order to try to cash in on this ­lucrative market.

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The Current State of Computer Software Patentability

Posted on Sep 26, 2016 in Articles

Remember Morse code? Perhaps mention of the name conjures up movie images of telegraph operators communicating over long distances, by tapping out “dashes” and “dots” that correspond to letters of the alphabet. What many people do not realize is that Samuel Morse, inventor of Morse code, fought a protracted battle to protect his patent rights. One of his patent claims stands out: the use of electromagnetism to print “intelligible characters, signs or letters.”

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Options for Dealing with Patent Office Final Rejections

Posted on Aug 24, 2016 in Articles

It happened again. Your company is trying to obtain valuable patent rights, and for the second time (or perhaps the third time, or the fourth time) the U.S. Patent and Trademark Office (USPTO) has rejected your patent application. Is there an end in sight?

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Intellectual Property Rights in the U.K. After Brexit

Posted on Jul 27, 2016 in Articles

While the dust continues to settle from Brexit, questions abound regarding how the United Kingdom’s historic vote to leave the European Union will affect the future. One important subject is intellectual property. How does Brexit affect intellectual ¬property rights in the U.K.?

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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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