What does the little word “a” mean in a patent application? It’s surprisingly unclear. In the recent case of Niz-Chavez v. Garland, US Supreme Court decided that “a” meant “one.” That might seem obvious, but the government in that case…
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The US Supreme Court has recently issued a decision on the doctrine of assignor estoppel – a rule that prevents patent owners that assign their patents from then challenging the validity of those patents. As the Court noted, In the late 1990s, Csab…
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All patents – and all patent applications – aren’t created equal. But how do you measure the quality of a patent or application? As a white paper from the Canadian Intellectual Property Office notes, It is often said that “you can’t manage…
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A Pyrrhic victory is a victory that inflicts such a devastating toll on the victor that it’s tantamount to defeat. The phrase originates from a quote from Pyrrhus of Epirus, whose triumph over the Romans in in 279 BCE destroyed most of his army. Ar…
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In a patent infringement action involving a long list of big-name defendants, a plaintiff learned that what you say to the Patent Office during the patent prosecution process can come back to haunt you in court when you try to enforce your patent rig…
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Intellectual property law is often thought of as something that protects “practical” things like machines, software, and medicines. But it can also protect elements of fashion. Following is a brief discussion of some of the types of intellectual…
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The Patent Trial and Appeal Board (PTAB) has reversed a rejection of a patent application for using an open-ended numerical range in a claim. The matter of Ex Parte Qiu (Appeal 2020-001512) involves a patent application for a chemical compound (shown…
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The Federal Circuit has ruled that the preamble in a claim in a patent application can be limiting when it supplies “essential structure” and the body of the claim does not define “a structurally complete invention.” SIMO Holdings Inc v Hong…
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Semiconductors are crucial components for most electronic equipment. Currently, China lags in this aspect because it does not have a prominent chip maker and depends on semiconductor technology from other countries. For example, in 2020, Qualcomm sup…
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As the Washington Post has reported, access to COVID-19 vaccines is highly unequal around the world: The Washington Post found that 45 percent of all vaccine doses administered so far have gone to just 16 percent of the world’s population in what t…
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