Recent Patent Articles
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...]
What are the patent marking requirements and its benefits?
In order to ensure maximum compensation for any infringements on your patents, your products should include a clear patent marking to show that they are protected. Let's dive-in: Patent marking provides constructive notice to the public of your … [Read More...]
Licensing Termination Provisions
Licensing Termination Provisions for Under-performing License Agreements After securing a patent on an invention and you are making money, another company may want to use the patented technology in their product or service. To give a business the … [Read More...]