Intellectual Property Law Knowledge Center

Archive for the ‘Patents’ Category

The Hague System for the International Registration of Industrial Designs

April 22nd, 2021

The Hague System for the International Registration of Industrial designs is an effective vehicle for centralized acquisition of design patents in multiple jurisdictions and subsequent maintenance thereof.

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Denying IPR Based on Third Party Litigation Not a Due Process Violation

March 16th, 2021

A decision from the Federal Circuit published March 12, 2021 upheld a Patent Trial and Appeal Board (PTAB) order denying institution of an inter partes review (IPR) because a district court case not involving the petitioner was imminently headed to trial.

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USPTO Offers Additional Relief to Plant Patent Applicants Due to Pandemic

February 4th, 2021

The ongoing COVID-19 pandemic caused significant changes to the manner in which businesses must operate, including patent offices around the world and the businesses and law firms that file patent applications.

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Plant IP 101: Understand the various options so you can provide basic advice to clients in this complex area of IP law

February 3rd, 2021

There are a number of different types of protection that can be used to protect a novel plant cultivar – Plant Patents, USDA Plant Variety Protection (PVP), Utility Patents directed toward a particular variety, foreign Plant Breeder Rights (PBR), Trademarks, etc.

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2021 IP Trends: Global Patent Officials Must Decide Whether AI Can Be an Inventor for Purposes of Patent Protection

December 22nd, 2020

Artificial intelligence is being used more and more to develop new inventions without human aid. But as AI capabilities increase at a rapid pace, patent offices around the world face a crucial question: can AI be an inventor for purposes of patent protection?

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Don’t Forget About Design Patents

November 9th, 2020

Say you have a great new invention. What is one major thing you need to do before releasing it to the world and making your millions? Get a patent! Don’t stop there, though. In many cases, it makes sense to get a design patent in addition to a standard utility patent.

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Three Options for Protecting Your New Plant Cultivar – Which Are Best for You?

August 26th, 2020

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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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?

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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). 

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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.

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