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Published by: James Yang

What is the fuss about patent trolls?

The broadest definition of a patent troll is a patent holding company that does not make products but asserts its patents against companies that make products.  In legalese, a non practicing entity that sues a practicing entity. History of the term The term patent troll was used as early as 1993 and popularized by Peter [...]

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Defense to patent infringement based on prior commercial use under AIA

Choice between patents or trade secrets Inventions may be protected either through trade secret or patent.  Inventions that are accessible to the public and can be reversed engineered cannot be protected through trade secrets.  Trade secret protection requires that the information remain a secret.  In these cases, the invention must be protected through patents.  However, [...]

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Large, small and micro-entity patent Fees

Most governmental patent fees are based on whether the applicant is a large entity or a small entity.  Small entities are entitled to a 50% discount of the large entity fee.  Under the America Invents Act, Congress created an additional category of entities identified as micro-entities which are entitled to a 75% discount of the [...]

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America Invents Act

The America Invents Act (AIA) which changes major sections of the current Patent Laws became law on September 16, 2011. Under the AIA, the first inventor to file, not the first to invent is awarded the patent. Other sections changes the law on false marking, attacks on best mode, and many more.

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Season’s Greetings

Thank you for making 2011 such a wonderful year!  May your holiday season be filled with much joy and laughter.  May your new year be more prosperous and satisfying than the last. James Yang OC Patent Lawyer James@OCPatentLawyer.com (949) 433-0900

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Recordation of assignment resolves ownership issue

Patent attorneys and employment lawyers are becoming creative when crafting invention assignment agreements. When I worked as an engineer, my employer’s invention assignment agreement was straight forward. I aassigned all inventions created on the job to my employer. Back then, this was a typical invention assignment clause. In the following case, an employer had its [...]

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What types of inventions are LA and OC inventors patenting?

Los Angeles companies have been transitioning from communications to bio-tech.  In contrast, Irvine has consistently been inventing in the areas of surgery, bio-tech and prosthesis. As the chart below shows, Los Angeles companies were inventing and patenting inventions in the field of communications.  However, over the past decade, they have transitioned to bio-tech inventions. In [...]

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USPTO Performance and Accountability Report for 2011

The United States Patent and Trademark Office has published its yearly Performance and Accountability Report. I’ve cut out some of the tables and provided a brief commentary below. Some of the graphics are barely legible. This is the way it was published on the USPTO website.

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No patent misuse for patent pools that license competing technologies

After receiving a patent, a significant number of patentees license their invention to others.  Sometimes, patentees attempt to extract more and more out of the licensee.  However, when the patentee attempts to expand the scope of the patent too far then the licensee can assert the defense of patent misuse which can render the license [...]

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Definitions of the 1952 Patent Act are expected to flow through to AIA but be cautious

General rule The America Invents Act (Patent Act) transitions the United States from a first to invent system to a first to file system.  Under the new first to file system, the general rule to obtain a patent on an invention is that absolute novelty is required and the first inventor to file or win [...]

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