Patent Office Issues New Internal Guidance on Subject Matter Eligibility
Patent Office Issues New Internal Guidance on Subject Matter Eligibility
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Secret Prior Use after the AIA Patent Reform
We’re closing in on the one-year anniversary of the AIA’s full implementation on March 16, 2013. Though some portions of the law have been in place for more than a year, there is still a great deal of debate about…
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Prosecution History Estoppel in Design Patents
Recently decided Pacfic Coast Marine Windshields, Ltd. v. Malibu Boats, LLC established, perhaps predictably, that prosecution history estoppel is a doctrine that can be enforced in design patent litigation. Prosecution history estoppel is the practice of defending a patent litigation…
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What Can and Cannot be Patented?
Patents can protect inventions, ornamental designs on articles of manufacture, and asexually reproduced plants. A utility patent is available for a new, nonobvious, and useful invention that falls into one of the following categories: Process Machine Article of manufacture Composition…
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Do I Need to Build my Invention to File a Patent Application?
There is no black-and-white requirement to build a prototype prior to filing a patent application, but in some cases, it is helpful, and in other cases, it will be required by the circumstances.
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Offers for Sale in the Post-AIA World
The US has been operating under the full enacted provisions of the America Invents Act for over six months now, and some of the questions presented by the new law have been answered. However, one area of uncertainty – troubling…
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Patent Office Will Remain Open Despite Possible Shutdown
The Patent and Trademark Office is unlikely to be closed if a government shutdown takes place tonight. The Office has a great deal of control over its own budget, and it maintains a reserve fund of money for certain situations…
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Centralized Information for Patent Applications
A centralized listing of major Patent Application Initiatives is now available via the USPTO website that provides applicants with access to information on several patent initiatives designed to advance and support the examination process. Applicants now have a single website…
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Notice of Allowance
When an application has been fully examined and approved for issuance, the Patent Office issues a Notice of Allowance. The Notice of Allowance does not confer patent rights, however. You must still respond to the Notice of Allowance by both…
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Huge Step for PTO Online
Patent on the Web Upgrade The USPTO has upgraded the USPTO Full Text and Image Database. It now uses PDF images instead of TIFF images which provides several new benefits including the ability to print full documents. Patent images may…