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Where to File Your Patent Application First: The U.S. or Overseas
July 27th, 2020
If you plan to file for a patent both in the United States and in another country, planning ahead and thinking strategically will help you avoid pitfalls down the road. You will need to follow United States law on filing for patent protection, but yo…
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Categories: Patents
Beware of the Background Section in a Patent Application
July 7th, 2020
The Background section of a patent application should be short and to the point. Anything that you say in the Background can and will be used against you when you prosecute or enforce your patent. The Manual of Patent Examination and Procedure recomm…
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Categories: Patents
USPTO launches COVID-19 Response Resource Center
June 22nd, 2020
The COVID-19 outbreak is a global crisis in need of creative solutions. The American patent system has long facilitated such creativity. It serves as the engine of economic growth in the United States by securing exclusive rights for inventors and di…
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Categories: Patents
How to Decide Whether or Not to Publish Your Patent Application
June 15th, 2020
Once you have decided to file a patent application, you should also consider whether or not you want it published. There are strategic reasons for deciding to publish or not to publish, hinging on what your business needs, objectives, and concerns ar…
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Categories: Patents
USPTO launches IP Marketplace, Patents 4 Partnerships, Facilitating COVID-19 Innovation
May 29th, 2020
The United States Patent Office (USPTO) has recently launched an intellectual property (IP) marketplace platform called Patents 4 Partnerships. This platform is intended to help bring together the patent holders of COVID-19 related inventions with po…
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Categories: Patents
Multiple Color Package Designs Can Be Distinctive and Trademarked
May 13th, 2020
The Federal Circuit recently overturned the United States Patent and Trademark Office’s decision in In re Forney Industries, Inc., Case No. 2019-1073 (Fed. Cir. April 8, 2020), which had refused to grant trademark protection to a gradient of multip…
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Categories: Trademarks
USPTO confirms AI cannot be listed as inventor in a patent application
April 28th, 2020
Artificial intelligence (AI) promises to be one of the most important innovations that powers many disruptive ventures and brings exciting changes to our legal system. AI is already influencing the way we work, travel, shop, and play. From autonomous…
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Categories: Patents
Patent examination outcomes Post-Alice seem to improve after USPTO guidance
April 23rd, 2020
On June 19, 2014, the U.S. Supreme Court reached a unanimous decision in Alice Corp. v. CLS Bank International that altered the law on patent subject matter eligibility. Alice Corp., the patent owner, argued that its patent claims directed to a compu…
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Categories: Patents
U.S. Supreme Court Denies Review of ABPA v. Ford: Ford’s Win on Enforcing Replacement Parts Design Patents Stands
April 6th, 2020
Automotive Body Parts Association (ABPA), which is an association of companies that sells automotive body parts, had sued Ford Global Technologies LLC in U.S. district court. ABPA wanted its members to be able to create and provide replacement parts,…
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Categories: Patents
Start-Ups: Do You Need a Patent?
February 25th, 2020
In the pre-funding stage, start-up companies are often working on shoe-string budgets and based solely on the experience of their founders and advisory boards. It may be tempting to push legal intellectual property protections off until your project…
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Categories: Patents