Tag Archives: patent prosecution

Unified European Patent

December 31, 2012 Patent

If you want to protect a product by patent in Europe today, you generally will file an application in the European Patent Office (“EPO”).  When your application is (eventually) reviewed and approved by the EPO, you then must register the approved application with each individual European country in which you desire a patent and must […]

Beware the Ides of March (well, almost the Ides)

November 30, 2012 Patent

We’ve said it before, but it bears repeating.  Remember that on or after March 17, 2013, you MUST protect your invention before offering the invention for sale or using the invention in public.  Otherwise, you lose your U.S. patent rights instantly and forever.  This is a major change in the law and requires an entirely […]

Google Patent Search has New Features and New Powers

August 30, 2012 Patent

Do you want to find out whether your better mousetrap is patentable?  For inventors and patent attorneys, Google Patent Search is a cheap (as in free) and easy way to perform a light-weight screening search.  Since 2006, Google Patent Search has allowed use of familiar word searching skills to search a database of U.S. patents […]

Patentable Subject Matter – The Issue That Will Not Die

July 31, 2012 Litigation, Patent

Whether an invention is the sort that can be patented is determined by §101 of the patent statute. That section states: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of […]

An Obvious Solution to a Non-Obvious Problem

June 29, 2012 Patent

Inventors and patent attorneys know that creating any invention has two parts: (a) identifying a problem; and (b), solving that problem.  To protect the invention by patent, the invention must be ‘non-obvious.’  That is, if two or more prior art patents or other references when taken together teach all of the elements of a patent […]

‘Justice Delayed is Justice Denied’*

February 29, 2012 Patent

Unless the courts quickly resolve disputes, there is no justice.  As former Chief Justice Warren E. Burger said: “A sense of confidence in the courts is essential to maintain the fabric of ordered liberty for a free people and three things could destroy that confidence and do incalculable damage to society: that people come to […]

Stopping a Patent

January 31, 2012 Patent

Consider the following situation:  you learn that your competitor has a pending U.S. patent application for a product that you make.  Any resulting patent could be disastrous for your company.  What can you do to stop or limit your competitor’s application? The PTO has proposed a new rule that would allow you to notify your […]

When Is Computer Software An Unpatentable Mental Process?

August 26, 2011 Patent

On August 16, 2011, the Federal Circuit Court of Appeals in CyberSource v Retail Decisions concluded that a claim to a method for detecting Internet fraud was not patentable.  The court also concluded that a claim to computer memory storing software to implement the method also was not patentable.  The Federal Circuit treated the claim […]

In Pennsylvania, Attorney-Client Privilege is Now a Two-Way Street

March 31, 2011 Patent

Under the law in Pennsylvania, unlike many other states, the attorney-client privilege used to be limited to only those things that the client communicated to the attorney.  Thus, while a client might describe his invention to the attorney, creating a privileged communication, the things that the attorney conveyed, such as the results of a patent […]

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