Patent Reform Act of 2009
Have an invention you want to patent, or are you about to file a patent application? Change may be in the works at the USPTO. Today, the Senate reached a “tentative agreement” over a patent reform bill that has been…
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Error in MPEP 2141
The online version of MPEP 2141 states, in Section II: The factual inquiries enunciated by the Court [in Graham] are as follows: (A) Ascertaining the differences between the claimed invention and the prior art; and (B) Ascertaining the differences between…
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Why Should I File a Provisional Application?
I’ve been getting questions about provisional applications lately, so I thought it was worth a post. There are a number of ways in which the decision to file a provisional application is significantly different from a patent application. First, a…
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Open Source Solutions
Applications of open-source theories of cooperation and development are popping up all over the place. In veiled product R&D, Coca Cola now offers a self-serve soda fountain – the Freestyle – where users can mix hundreds of different flavors to…
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37 C.F.R. 11.9 Limited Recognition in Patent Matters
Remind me again why I took the patent bar. I discovered this gem today: § 11.9 Limited recognition in patent matters. (a) Any individual not registered under § 11.6 may, upon a showing of circumstances which render it necessary or…
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Search Patents & Opinions with Google
In the past two months, Google has made strides in increasing the accessibility of legal information. In November, Google introduced Google Scholar, which ranks and returns legal opinions and publications in response to a search. While much of this information…
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2009-1001 Gemtron Corp. v. Saint-Gobain Corp.
Decided: July 20, 2009 Plaintiff Gemtron sued Saint-Gobain for infringement of its patent on a refrigerator shelf. Gemtron’s claim 23 detailed a one-piece plastic shelf frame that accepted a glass shelf with a “snap-secure” mechanism that locked the glass into…