Genericide: Are You Using Your Registered Trademark Correctly?

October 16th, 2018

Did you know you could risk losing your trademark registration based on how you use your mark?  Trademarks help consumers and potential consumers determine the source of goods or services, not the goods or services themselves.  If the mark becomes … Continue reading

Helsinn: The Only Patent Case to be Decided by the Supreme Court this Term

June 28th, 2018

Inventors can preclude themselves from getting a patent for an otherwise patentable invention if they sell, offer for sell, or make the invention otherwise available to the public more than one year before the effective filling date of the patent … Continue reading

The USPTO Issued Its 10 Millionth Patent

June 20th, 2018

On June 19, 2018, the Patent Office issued Patent No. 10,000,000 assigned to Raytheon for “Coherent LADAR Using Intra-Pixel Quadrature Detection.”  The company obtained the patent through the invention of one of its optical engineer, Joseph Marron, who discovered a … Continue reading

Inter Partes Review Held Constitutional

April 25th, 2018

Inter Partes Review (IPR) is a trial proceeding conducted by the Patent Trial and Appeal Board (PTAB) where a third-party can challenge a patent’s validity based on prior art patents or printed publications.  Created in 2011 by Congress to combat … Continue reading

Regulation Crowdfunding Arrives May 16, 2016

February 19th, 2016

Regulation Crowdfunding, an investment regime enacted as part of the 2013 JOBS Act, received approval from the Securities and Exchange Commission and is scheduled to be available May 16, 2016.  Start-up ventures can use Regulation Crowdfunding as an alternative to … Continue reading

U.S. to Join Hague Agreement on Industrial Designs

February 26th, 2015

The Department of Commerce announced that the U.S. filed for ratification to the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs.  When membership is finalized on May 13, 2015, design patent applicants in the U.S. … Continue reading

Invalidating Patent Research Offered on Contingency

July 18th, 2014

When patent holders sue or threaten infringement, invalidating the patent-in-suit is as effective as proving an accused product avoids reading on the claims.  Successfully overcoming the presumption of validity avoids the time and expense of drawn out patent litigation. Absent … Continue reading

Lower USPTO Fees Starting January 1, 2014

December 5th, 2013

The USPTO’s revised fee schedule, which reduces certain costs in obtaining a U.S. patent, goes into effect on January 1, 2014.  The changes include a reduced utility issue fee for small and micro entities, from $890 and $445 to $480 and $240, … Continue reading

Innovation Act of 2013

November 8th, 2013

Eleven members of the House of Representatives recently introduced the “Innovation Act” (H.R. 3309), a proposed bill that could have a “substantial impact on patent enforcement, procurement, and ownership.”  Some of the major proposed changes include: 1) a heightened pleading … Continue reading

Possible Solutions To Patent Office’s New Examination Policy For Design Patents

October 23rd, 2013

The Patent Office held its annual Design Day in April 2013 and announced a change in the examination policy of design patents that could have significant impact on practitioner practices and limit thousands of pending applications. Design patent practitioners routinely … Continue reading