Adjusting Patent Term Due to Delays
Generally, the basic term of a patent is either 20 years from the filing date of the patent application or 17 years from the issue date of the patent whichever is greater. However, there are many variations from the basic term. For example, the patent term for a continuation patent is calculated not from its [...]
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Penalty for False Patent Marking
Upon filing a patent application or issuance of a patent, a product disclosed by the patent application or covered by the claims of the issued patent may be marked either “Patent Pending” or “Patented” together with the patent number. The benefit of marking a product as patent pending is that it provides a warning that [...]
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- Posted in: Featured, patent marking
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Misconceptions of Provisional Patent Applications
After an inventor conceives of an invention, an application seeking patent protection may be filed with the United States Patent and Trademark Office. The first or initial patent application may either be a provisional or non provisional patent application.
The provisional patent application is described as a lower cost option compared to the non-provisional patent application. [...]
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Public Use Bars Patent Protection Unless Such Use is an Experiment
Under U.S. patent laws, a patent application must be filed within one year of first publicly using the invention, offering the invention for sale or distributing a printed publication. The following case illustrates an example of a device that was not used in public view but still considered to be a public use.
In New Railhead [...]
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Cease and desist letters
Once a patent issues, the patentee has a right to demand that others infringing on the claimed invention stop using, selling, offering for sale, manufacturing and importing the claimed invention into the United States. While not required, one of the first steps involved in exercising the patentee’s rights may involve sending a cease and desist [...]
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- Posted in: Infringement
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Rescission of Proposed Rules to Continuation and Claims Practice
The rules regarding continuation practice and claim practice which were proposed and would have been implemented in 2007 have been enjoined ever since. On September 21, 2009, the Patent Office with GlaxoSmithKline and Dr. Tafas filed a joint motion to dismiss the appeal and vacate the judgment of the district court since the Patent Office [...]
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Reverse Payments
The typical payment in a patent litigation dispute flows from the alleged infringer to the patentee. The payment may represent damages incurred by the patentee to make the patentee whole and/or a licensing royalty fee if the patentee permits the alleged infringer to continue selling the patented product or method. The following case illustrates a [...]
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- Posted in: Antitrust
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Safe Harbor Provision for Divisional Patent Applications
The patent statute (35 USC § 121) indicates that divisional patent applications cannot be receive a double patenting rejection based on claims of a parent application. This is commonly known as the safe harbor provision of Section 121.
The following case illustrates whether the safe harbor applies to a patent application that is a divisional in [...]
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Updated Look Is Obvious
During examination of a patent application, the examiner and patent applicant may disagree on various issues such as claim interpretation, patentable subject matter, written description, novelty, obviousness, etc. After the examiner has rejected the patent application twice, the patent applicant may appeal the matter to the Board of Patent Appeals and Interferences (“BPAI”).
The following [...]
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- Posted in: Obviousness
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Product By Process Claims
One of the most important sections of a patent specification is the claims. The reason is that the claims define the metes and bounds of patent protection afforded under the patent. For example, the scope of patent protection afforded under a product claim that recites elements a, b and c extends only to a product [...]
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- Posted in: claim construction
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