Category: Uncategorized
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Improper Restrictions
When the Patent Office refuses to enter an amendment because the amendment might create a reason for restriction.
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Regulatory Reform at the Patent Office
Some ideas for reducing over-regulation at the US Patent and Trademark Office in the area of restriction requirements.
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Supreme Court Litigant Speaks to Oregon Bar
Simon Tam, founding member of the All-Asian punk rock band, the Slants, gave a powerful speech about Trademarks and race at the Intellectual Property Year in Review CLE this past week in Oregon.* Simon intertwined the practical significance of Trademarks with how bureaucrats at the Trademark Office are making race-based decisions that disparately impact minority groups…
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Unreasonably Broad Interpretations
The Federal Circuit reversed the PTAB for an unreasonable interpretation of a “single” merchant being broad enough to refer to multiple merchants.
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Why A Patent Application Describes More Than Just The Invention
Sometimes disclosure of non-inventive environmental aspects of an invention can save the day in very unexpected ways.
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Swearing Behind with A Draft Patent Application
While the recent changes to a first to file system have been applicable for several years, many pending applications still fall under pre-AIA rules where an inventor can swear behind a reference that would otherwise qualify as prior art. Swearing behind a reference, such as via a Rule 131 affidavit, generally requires that one have…
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Negative Claim Limitations Being Ignored
Can negative claim limitations be given no patentable weight as not further limiting the claims?
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Automotive Component Trade Show Seizures
Patents enable rapid seizure of a competitor’s product at an automotive industry trade show.
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Overcoming Alice with Technical Solutions
More on patent eligibility from the Federal Circuit’s recent decision adding to DDR Holdings, Enfish, Bascom, and McRO.