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Columns & Departments
Federal Circuit Examines the Analogous Art Test Federal Circuit Affirms PTAB's Finding of Prior Invention
Features
Efforts to diversify the inventive population will not only foster innovation across a wide range of businesses and industries but will also help greatly expand the pool of inventors across racial, gender and ethnic categories, and the country as a whole will realize numerous benefits.
Features
Although your company may have an in-house IP attorney, your company may still need temporary help from an outside law firm to develop your company's patent portfolio and to solve your company's need for temporary help with minimal need for training and financial investment. If you do not have the budget to hire an in-house IP attorney, the solution is to try a secondment — an attorney from an outside law firm temporarily joins your in-house legal team as a "secondee" on a part-time or full-time basis.
Columns & Departments
Federal Circuit: No Patent Term Adjustments When Claims Change Federal Circuit: Proceeding Need Not Be Terminated Upon Request
Features
Practitioners and non-practitioners that are associated with the examination of patents and patent applications should be vigilant about information that may be material to patentability to avoid having an issued patent be deemed unenforceable.
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A recent bankruptcy case from the District of Delaware underscores the need for a trademark licensor to be alert to filings made in its licensee's bankruptcy case that may require prompt action by the licensor to protect its valuable rights under a license agreement.
Features
Reissue applications may be quite useful. They may be useful in correcting some type of errors that one would normally think of as "errors" in the strict sense of the word. But they may also be used to correct "errors" in scope of patent protection and may thus be used to increase patent value and should thus be considered as a strategic tool in a patent holder's toolbox.
Columns & Departments
Federal Circuit Affirms District Court's Decision That an Artificial Intelligence Software System Cannot Be Listed as an Inventor on a Patent Application Federal Circuit Affirms District Court's Partial Award of Attorney's Fees
Features
University of Massachusetts v. L'Oréal Absent an express disclaimer or special definition of how a term is to be interpreted, it can be frustrating to get a court to reject the plain and ordinary meaning of claim language read in a vacuum, based on the subtleties of how a term is used in a patent or its prosecution history.
Features
In June 2021, the Supreme Court ruled in U.S. v. Arthrex that the statutory scheme appointing Patent Trial and Appeal Board administrative patent judges to adjudicate IPRs violates the appointments clause of the U.S. Constitution. Specifically, the Court concluded that because APJ decisions in IPR proceedings are not reviewable by a presidentially appointed and Senate-confirmed officer, such determinations are not compatible with the powers of inferior officers. The PTO later decided that it would not accept requests for director review of institution decisions. This policy is now also being questioned in Arthrex's wake.