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Ten Years of the America…

Ten Years of the America Invents Act

The America Invents Act (AIA) was signed into law by President Barack Obama ten years ago, on September 16, 2011. The AIA was the most significant change to US patent law since the Patent Act of 1952. Among other things, the AIA switched the US from… Read More
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Can AI Be Listed As An In…

Can AI Be Listed As An Inventor? South Africa and Australia say YES!

Last year, the USPTO confirmed that artificial intelligence (AI) cannot be listed as an inventor on a patent application. Now, an Australian court has ruled that AI systems can be legally recognized as inventors in patent applications. The decision i… Read More
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Bad Punctuation Can Be Fa…

Bad Punctuation Can Be Fatal to Patent Rights

As we recently wrote about in this blog, even something as seemingly trivial as the little word “a” can be important when it comes to interpreting a patent. Punctuation is also more important than you might think when it comes to legal documents… Read More
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EU Unitary Patent and Uni…

EU Unitary Patent and Unified Patent Court Finally Coming in 2022?

After many years of delays, a Unitary EU Patent and EU Patent Court may finally come into existence in 2022. According to the European Patent Office (EPO), the new system will offer users of the patent system a “cost-effective option for patent pro… Read More
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Categories: Patents
What does “A” mean in…

What does “A” mean in a patent application?

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… Read More
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Supreme Court Clarifies P…

Supreme Court Clarifies Process for Challenging Patent Validity

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… Read More
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How to Measure the Qualit…

How to Measure the Quality of a Patent – and a Patent Law Firm

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… Read More
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Arthrex Wins Supreme Cour…

Arthrex Wins Supreme Court Battle but May Still Lose the War

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… Read More
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In Patent Cases, What You…

In Patent Cases, What You Say Can Come Back to Haunt You

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… Read More
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How Intellectual Property…

How Intellectual Property Law Can Protect Fashion

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… Read More
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Categories: Patents