Recent Patent Articles
4 Steps in the patent process
The process for getting a patent has four steps.Step 1: File an application for patent with the United States Patent and Trademark Office (USPTO) Step 2: Examination of patent application Step 3: Respond to any objections or rejections … [Read More...]
Should you file a provisional or nonprovisional patent application?
For many, the decision to file a provisional patent applications is based primarily on cost. You can find them as cheap as a few hundred dollars online. The myth is that a provisional patent application is cheap yet provides the same type of … [Read More...]
Provisional Patent Application: Cheap Alternative?
A provisional utility patent application is one of the most misunderstood tools of the patent system—at least by non-patent practitioners. From the layperson’s perspective, the provisional patent application is usually viewed as a cheap patent … [Read More...]
Plager calls to overturn current patent eligibility analysis
The holding of Interval Licensing LLC v. AOL, Inc. (Fed. Cir. 2018) is similar to Electric Power Group, LLC v. Alstom (Fed. Cir. 2016). In these cases, the courts invalidated the patent as being directed to an abstract idea for claiming an end … [Read More...]
Orange County Patent Statistics for 2018: Midyear Report on Top Innovators
Orange County is a hotbed of innovation, especially considering its size. For 2017, Orange County companies were granted 1,619 patents, whereas Los Angeles companies were granted 1,731 patents. Considering the relative populations of Orange County … [Read More...]
Patent application must enable FULL scope of claimed invention
Boston University's patent claim invalidated for failing to enable its full scope In Boston University v. Everlight Electronics (Fed. Cir. 2018), the Federal Circuit invalidated a patent claim for failing to enable the full scope of the claimed … [Read More...]
Components described as important can narrow scope of patent claims
Components, parts and aspects of a device (i.e., invention) which are described as important or necessary to the invention can be used to limit the scope of the patent. When preparing a patent application, the goal is to describe an invention so … [Read More...]
Does a restriction requirement disclaim non-elected species?
Below, Advantek Marketing, Inc. v. Shanghai Walk-Long Tools Co., LTD (Fed. Cir. August 1, 2018) is discussed in terms of whether the scope of design patent protection is affected when electing a species in response to a restriction requirement. … [Read More...]