Up until recently, breeders of asexually reproduced plants had essentially a single option for protecting their novel variety in the United States: a U.S. Plant Patent. But due to several legal and technological changes, three options now exist: plant patents, utility patents, and plant variety protection certificates.
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Intellectual Property Law Knowledge Center
Archive for the ‘Patents’ Category
Mark My Words! – Heed Patent Marking Requirements
July 29th, 2020
Congratulations! You’ve just been awarded a patent on your invention, which you are now manufacturing or otherwise using. You want to be certain that you will be able to enforce your patent and to collect any damages to which you are entitled, should someone infringe it. Now what?
Inter Partes Reviews – Patent Owners to Get a Helping Hand?
May 28th, 2020
Proposed rule changes by the United States Patent & Trademark Office (USPTO) published on May 27, 2020 may finally help improve patent owners’ odds of avoiding inter partes reviews (IPRs).
Patent Admissions are Forever, But They Are Usually Not Your Best Friend
March 17th, 2020
One of the most important messages parents convey to their children about their online presence is that the internet is forever. Images and messages posted online are an indelible mark that may be difficult, if not impossible to remove.
Patent Protection Filed for Invention Devices Generated by AI
September 11th, 2019
The proliferation of artificial intelligence (AI) into new and unexpected aspects of modern life turned a new corner in recent months when patent applications were filed in the United States, Europe, the United Kingdom, and with the World Intellectual Property Organization (WIPO) on behalf of an AI machine named “DABUS” which invented two new products.
Revised PTAB Operating Procedures Will Mean Transparency and Reliability for Patent Owners
October 4th, 2018
The Patent Trial and Appeal Board (PTAB), created in 2012 as part of the America Invents Act, a branch of the United States Patent and Trademark Office (USPTO) that hears appeals to adverse examiner decisions and conducts trials, including inter partes reviews and post-grant challenges. Ideally, the PTAB is meant to ensure the predictable, uniform, and unbiased application of USPTO policy to patent applications.
What do the ™, ℠, ®, ©, and “Pat. Pend.” Symbols Mean? How should I use them?
September 5th, 2018
Intellectual property assets are valuable. One way to maintain the value of those assets is to correctly use the applicable notice, shown as symbols or specific phrasing, that publicly designate the type of protection claimed.
Let’s Face It; Some Patents Are Odd!
August 7th, 2018
By Stephen E. Murray Over ten million patents have been granted by the United States Patent and Trademark Office to date. Here are four of the stranger ones: Patent 7062320 – Device for the treatment of hiccups “A device for the treatment of hiccups, and more specifically, to a method and apparatus for the treatment…
When Will the Patent Office Issue Patent #20,000,000?
July 9th, 2018
On June 19th, the US Patent Office issued its ten millionth patent, to Raytheon, just over three years after it issued the ninth millionth patent to WiperFill Holdings, LLC. It took 200 years for the total number of U.S. patents to reach 5 million.
Inter Partes Reviews – A Brief Primer, Recent Supreme Court Rulings, and the USPTO’s Notice of Proposed Changes
May 21st, 2018
Inter partes reviews (IPRs) were enacted on September 16, 2012, as part of the America Invents Act (AIA) passed by Congress.
