Archive for the ‘Patent’ Category

What is Patent Marking?

Monday, October 13th, 2014

Patent marking is the process of adding notices such as “Patent Pending” and “Pat. 1,234,567” on your products to notify others that these products are either patented or that a patent application has been filed on these products.

PatentAccording to 35 U.S.C. § 287, a patent owner may be precluded from recovering damages for infringement if the patent owner’s products are not properly marked with the word “Patent” and the number of the patent. Thus, failure to comply with patent marking requirements can be very costly.  The America Invents Act (AIA) modified Section 287 to make the marking of products easier.  In addition to physically marking products or their packaging, the AIA included that notice to others can be provided through virtual marking.  Virtual marking may be achieved by “fixing thereon the word ‘patent’ or the abbreviation ‘pat.’ together with an address of a posting on the Internet, accessible to the public without charge for accessing the address, that associates the patented article with the number of the patent.”

Continue reading What is Patent Marking? »

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U.S. Patent and Trademark Office to Issue Revised Guidelines on Patent Eligibility Soon!

Monday, September 29th, 2014

On September 17, 2014, the U.S. Patent and Trademark Office (USPTO) held the first Bicoastal Biotechnology, Chemical and Pharmaceutical Customer Partnership (BCBCP) Meeting.  The BCBCP was created as a public forum for individuals in this industry to share ideas, experiences, and insights with the USPTO staff.  During this BCBCP meeting, the USPTO indicated that they intend to release “revised” guidance on assessing patent eligible subject matter under 35 USC 101 in October 2014.

Does your new invention meet these guidelines? Is your new invention patentable subject matter?  Do you have a patent pending with the USPTO and need help responding to an office action?  Feel free to contact a Traverse Legal PLC patent attorney to make sure that you are informed of the most recent patent eligibility guidelines.

Stay tuned for the revised guidelines from the USPTO.

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Can I Patent my Biotechnology or Life Sciences Invention?

Monday, September 22nd, 2014

The recent Myriad U.S. Supreme Court decision has limited the patentability of biotechnology and life sciences inventions. In light of the Myriad decision, the USPTO has instituted new guidelines for patenting natural substances. Can natural substances or naturally occurring products still be patent eligible? The first question that needs to be answered, though, is whether your invention constitutes a “natural substance.” Is my chemical, mineral, food, organism, DNA/RNA, or protein patentable? If so, what additional requirements are needed to patent natural substances or naturally occurring products? Any invention that includes a natural biotechproduct/substance or that uses a natural product/substance will be affected by these new patent laws. So, what should biotechnology and life science inventors do to help them protect their inventions and achieve patentable subject matter?

If you are interested in an explanation of these latest developments in patent law, Traverse Legal PLC patent attorneys are ready to assist. We can review your invention disclosures, pending patent applications, or issued patents to assist with your patent drafting, patent prosecution, or licensing needs. If you are interested in patenting a new biotechnology or life science invention, please contact us for a Section 101 subject matter eligibility consultation, so that you may have this information before deciding whether to pursue a patent, and before spending time and money on having a patent application prepared and prosecuted.

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How to Patent an Idea

Friday, August 22nd, 2014

We have a lot of clients who ask us as their attorneys specializing in patent law “How to Patent an Idea?”   It’s a great question.  Unfortunately, the answer isn’t always as simple as you would hope.  Patenting an idea involves a variety of different steps which will likely require the help of a licensed and experienced patent lawyer.

There are a number of general questions which you will want to ask your patent attorney before spending time and money on the idea of the patenting an idea.  The first is whether or not your idea qualifies as an invention.  Where you the first person to come up with this idea?  Is the idea you want to patent novel and unique?

Continue reading How to Patent an Idea »

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AIA Proposed First-to-Invent Rules

Monday, July 30th, 2012

On Thursday, July 26, 2012, the USPTO announced publication in the Federal Register of proposed rules and proposed examination guidelines for the first-inventor-to-file provision of the AIA. The first-inventor-to-file provision converts the United States from a “first-to-invent” to a “first-inventor-to-file” system.

How will this affect our clients, the inventors?  Primarily by making it more important to file patent applications as early as possible.  This probably means a greater emphasis on filing provisional applications, in order to get the benefit of a filing date ahead of inventors in the U.S. and other countries.

The proposed rules and proposed examination guidelines amend the rules of practice to implement the conversion and set forth the Office’s interpretation of how the conversion impacts sections of the Manual of Patent Examining Procedure related to novelty and obviousness. The proposed rules and proposed examination guidelines are summarized as follows: Continue reading AIA Proposed First-to-Invent Rules »

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Provisional Applications for Patent – In a Nutshell

Friday, July 27th, 2012

A “provisional application for patent” – usually called a provisional patent application – is basically a 12-month placeholding application.   It is less expensive than a regular (non-provisional) patent application, because the filing fee is lower ($125 vs. $530), and because it does not require a set of patent claims to be appended to the technical description, so attorney time in writing the application is reduced.

Once filed, the provisional application buys you twelve months of time to focus on other things, for example prototyping or manufacturing your invention, or getting a new business off the ground.  During these twelve months, the provisional application sits quietly and confidentially in the Patent Office, without any action other than a filing receipt being issued.   The provisional application allows you to use “patent pending” notice just like a regular (non-provisional) application. Continue reading Provisional Applications for Patent – In a Nutshell »

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