Recent Patent Articles
USPTO grants Pat No 10,000,000 represents 25 fold increase
On June 19, 2018, the United States Patent and Trademark Office (USPTO) granted its 10 millionth patent. Since the inception of the patent system and grant of the first patent, the rate of technological improvement has increased 25-fold as discussed … [Read More...]
Method of treatment is eligible for patent protection versus a diagnostic method
Although Vanda Pharmaceuticals Inc. v. West-Ward Pharmaceuticals (Fed. Cir. April 13, 2018) is in the field of medicine, it could be applicable to other fields as well because in a broad sense Vanda is dealing with a distinction between diagnosing a … [Read More...]
Claim construction switching from BRI to ordinary meaning in post grant proceedings
On May 9, 2018, the United States Patent and Trademark Office (USPTO) released a proposed rule change regarding the future of claim construction during post grant proceedings at the USPTO. The press release indicated that all post grant proceedings … [Read More...]
PTAB must resolve all challenged patent claims in IPR
Basic background of inter partes review An IPR refers to an inter partes review. The IPR is an administrative proceeding before the Patent Trial and Appeal Board (PTAB) of the USPTO in which a petitioner can request claims of a patent be … [Read More...]
Claim of priority to an earlier filed patent application
What is a claim of priority? A claim of priority is a reference in a later filed patent application back to an earlier filed patent application. What is the benefit? The claim of priority allows the later filed application to enjoy a priority date … [Read More...]
Collateral estoppel applies to similar claim terms in a patent family
Collateral estoppel is a legal rule that protects a party from having to litigate issues that have already been fully and fairly tried in a previous action and adversely resolved against a party-opponent. This rule can work against the patent … [Read More...]
Implicit structure satisfies written description requirement
The written description requirement is stated in 35 U.S.C. 112 which recites that the “specification shall contain a written description of the invention.” The standard for the written description requirement is whether the disclosure or application … [Read More...]
Patent Marking: Burden of production and burden of proof
Failure to properly mark a product with its patent number limits an infringer's liability for damages. Infringers have the burden of production to initially identify products which the patentee failed to mark. The patentee then has the burden of … [Read More...]