patents

6 09, 2020

Foreign Patent Protection Using a PCT Application

By |2021-01-14T12:14:37+00:00September 6th, 2020|patents|Comments Off on Foreign Patent Protection Using a PCT Application

While U.S. patent provide protection for inventions in the U.S., no protection is provided outside the U.S. To obtain patent protection in foreign countries, an inventor (or applicant) must file a patent application in the particular foreign [...]

30 08, 2020

EXCLUSIVE PATENT LICENSEE MAY PURSUE INFRINGEMENT LAWSUIT WITHOUT PATENT OWNER WHEN PATENT OWNER IS SUBJECT TO SOVEREIGN IMMUNITY

By |2020-08-30T16:36:10+00:00August 30th, 2020|patents|Comments Off on EXCLUSIVE PATENT LICENSEE MAY PURSUE INFRINGEMENT LAWSUIT WITHOUT PATENT OWNER WHEN PATENT OWNER IS SUBJECT TO SOVEREIGN IMMUNITY

In the case of Gensetix v. Baylor College of Medicine (Fed. Cir. July 24, 2020), the Federal Circuit had the opportunity to determine whether a patent owner’s exclusive license could maintain a patent infringement suit without the [...]

4 06, 2020

APRIL 2020: WILLFUL TRADEMARK INFRINGEMENT NOT REQUIRED FOR AN AWARD OF PROFITS

By |2020-08-30T16:18:55+00:00June 4th, 2020|patents|Comments Off on APRIL 2020: WILLFUL TRADEMARK INFRINGEMENT NOT REQUIRED FOR AN AWARD OF PROFITS

In the case of Romag Fasteners, Inc. v. Fossil Group, Inc., the Supreme Court had the opportunity to clarify whether a profits award for trademark infringement under Section 1125(a) of the Lanham Act requires a showing [...]

26 05, 2020

Accelerated Examination for Covid Related Inventions at Patent Office

By |2020-08-30T16:39:34+00:00May 26th, 2020|patents|Comments Off on Accelerated Examination for Covid Related Inventions at Patent Office

As part of the country overcoming the challenges presented by the COVID-19 virus, many inventors and companies are developing new ways to keep people safe, prevent the spread of the virus, and treats its symptoms. To assist [...]

26 04, 2020

The Importance of the First to File Rule for U.S. Inventors

By |2020-04-26T18:26:17+00:00April 26th, 2020|patents|Comments Off on The Importance of the First to File Rule for U.S. Inventors

Although uncommon, it is possible for two inventors to file patent applications directed to the same system. When this occurs, who is entitled to the patent? The America Invents Act, which was signed 16 September 2011, changed [...]

15 04, 2020

Attorney’s Fees After Dismissal of Lawsuit With Prejudice

By |2020-04-22T11:49:06+00:00April 15th, 2020|patents|Comments Off on Attorney’s Fees After Dismissal of Lawsuit With Prejudice

The Court of Appeals for the Federal Circuit ruled that absent an agreement between the parties to bear their own costs, the defendant could bring a motion for attorney’s fees after the parties entered into a voluntary [...]

21 03, 2020

So You Have an Idea, Patent Searching May be the Next Step

By |2020-03-21T21:57:40+00:00March 21st, 2020|patents|Comments Off on So You Have an Idea, Patent Searching May be the Next Step

So you have an idea, and you think you might want to protect that idea by getting a patent. However, you aren’t sure where to start. What follows is some general information to help you decide how [...]

28 02, 2020

Benefits of Provisional Patent Applications

By |2020-03-21T21:17:14+00:00February 28th, 2020|patents|Comments Off on Benefits of Provisional Patent Applications

Provisional patent applications are one of the most popular options for obtaining patent pending status and to secure a filing data. Prior to the America Invents Act, when two inventors sought protection for the same invention, an [...]

19 02, 2020

What Prior Art Qualifies as a ‘Printed Publication’ at the Institution of an IPR Proceeding

By |2020-03-08T13:02:13+00:00February 19th, 2020|patents|Comments Off on What Prior Art Qualifies as a ‘Printed Publication’ at the Institution of an IPR Proceeding

In Hulu, Inc. v. Sound View Innovations, LLC, (PTAB IPR 2018-01039 December 20, 2019) the Patent Trial and Appeal Board had the opportunity to set the standard for what prior art qualifies as a ‘printed publication’ at [...]

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