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Obviousness Standards under Joint Inventorship
How is obviousness of a patent claim considered when several individuals contribute to the claimed subject matter? Much analysis in patent law focuses on a person having ordinary skill in the art, or a “PHOSITA.” The PHOSITA is the touchstone…
What is a patent license?
Patents can be thought as a “bundle of rights.” An issued patent carries with it a number of exclusive rights, each of which can be divided up individually from the others – removed from the bundle like one of many…
Secrecy, PR, and Media Intrigue
Marc Graser and Dave McNary wrote a great piece over at Variety regarding the difficulties in keeping a blockbuster movie under wraps during production. Pre-release leakage of information, pictures, scripts can destroy a movie – but it can also make…
Evolution of the Micro Entity
Today, as the last bit of the America Invents Act goes into effect, the Patent Office introduces a new fee structure. Some fees are going up, some fees are going down (Patently-O has a nice article comparing new fees to…
Patents Explained: the Detailed Description
Next in my series of posts, a topic probably deceiving the pithy label recently given: the detailed description. This eponymous section of a patent actually needs more explanation than one might garner from its name alone: the detailed description goes beyond…
What is an Ex Parte Quayle Action?
An Ex Parte Quayle Action is a communication from the Patent Office closing prosecution on the merits in order to resolve technical details.