Patent

30Sep 2013

Abusive Patent Enforcement – The States Step Up

September 30, 2013 Patent
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In general, only the Federal government and Federal courts have jurisdiction over patent matters.   However, the Federal government does not have effective tools for protecting individuals and small businesses from abusive and unjustified bullying by patent owners.   A small business often cannot afford to defend against a threat of patent litigation and agrees to pay […]

30Aug 2013

Beware of the On-Sale Bar

August 30, 2013 Patent
The-Top-Computer-Companies-In

If you are a regular reader of this newsletter, then you know that a sale or offer for sale of your invention will terminate your patent rights unless you first file a patent application.   Did you know that the on-sale bar also applies to commercial sales of the invention to you, as from a contract […]

31Jul 2013

New Rules, New Strategies for Innovators

July 31, 2013 Patent
Designs for patents

The past 15 years have seen an unprecedented attack on patents and patent-owners in the United States. Orchestrated by foreign nations, multinational corporations, and a variety of other groups, largely funded by similar vested interests, this attack has reduced much of the value formerly associated with patented innovations. In past issues of our newsletter we […]

29Jun 2013

Patentable Subject Matter, the Sequel

June 29, 2013 Patent
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In the issue that will not die, the Supreme Court again considered what can or cannot be patented.  This time the question was whether human genes can be the subject of a patent. The U.S. Constitution at Article One, Section 8 gives Congress the power “to promote science and the useful arts, by securing for […]

30May 2013

The Fable of the Supreme Court and the Beanstalk

May 30, 2013 Patent
courtroom

Once upon a time, a farmer purchased a magic bean.  The farmer planted his magic bean, as farmers do.  The magic bean grew into a magic beanstalk and made more magic beans.  The farmer harvested the magic beans, as farmers do, and saved the new magic beans for the next year.   For eight years, the […]

30May 2013

To Be, or Not To Be..

May 30, 2013 Patent
deposit boxes

Pardon the quote of the Bard, but there is one area of patent law that, indeed, ponders “that is the question.” Bear with us for a moment while we try to set the stage. To qualify for a patent, the patent law statute passed by Congress states that an invention must meet three criteria: it […]

28Mar 2013

The Rush to Meet the March 16th Patent Deadline

March 28, 2013 Patent
gavel of justice

According to a chart released by the U.S. PTO, about 26,500 provisional and non-provisional patent applications were filed on March 15, up from the about 2,500 applications that are filed on a typical day.  The reason: inventors and their patent lawyers (including us) were racing to beat the March 16 deadline. As we have said […]

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