Patent Reform Passed by House of Representatives June 24th, 2011Patents/IP Patent Reform Passed by House of Representatives Daniel E. Sineway The U.S. House of Representatives on Thursday passed reforms to the nation’s patent laws that could have significant impact on how and when patent applications are filed, and a host of other issues. The most significant reform outlined in the bill would change the U.S. from a “first-to-invent” system to a “first-to-file” system, bringing the U.S. more in line with the rest of the world. Under this new system, if more than one inventor (or company) is Read More
Supreme Court Rules Against Microsoft in Microsoft v i4i Case June 10th, 2011Patents/IP SUPREME COURT RULES AGAINST MICROSOFT IN MICROSOFT v i4i CASE Patents Still Presumed Valid; Clear and Convincing Evidence Required to Invalidate Finally, A Pro-Patent Supreme Court Decision In many areas of the law, the pendulum of justice swings back and forth, as courts and government attempt to balance competing interests in society. Courts hand down decisions that seem harsh to one segment of society and favorable to another, but later change course. Patent law is no exception. For the past several years, the Supreme Court of the United States (SCOTUS) has handed down Read More
Supreme Court Ruling: Inventors Initially Own Patents, Not Their Employers June 9th, 2011Patents/IP Patents/IP, Supreme Court SUPREME COURT RULES THAT INVENTORS INITIALLY OWN THEIR PATENTS, NOT THEIR EMPLOYERS Bayh-Dole Act Did Not Change This Long-Standing Principle – Stanford University Loses Argument That It Owned Collaborative Faculty Invention Employers Should Be Careful To Avoid Conflicting Assignment Rights When Employees Work in Collaborative Ventures or Research June 7, 2011 Under long standing principles of U.S. patent laws going back to the 1790’s, patents are initially awarded to inventors, and not to their employers. It is and has been customary for employers to obtain assignments (and “agreements to assign”) of Read More
FAQ: Patents and Intellectual Property May 16th, 2011Patents/IP FAQs This Frequently Asked Question (FAQ) article addresses typical questions from companies regarding patents and intellectual property (IP). This document is authored by the Intellectual Property Group of Morris, Manning & Martin, LLP (www.mmmlaw.com). The following questions are commonly asked by technology and business services companies. We hope this information is helpful to you. Please note that there are additional questions that will be relevant in this area and you should consult an IP attorney at MMM (contact information listed at the end of this memorandum) with any other questions. 1. Why should I consider filing a patent application? Answer: There are several Read More
Not Your Father’s Domain Name: How gTLD Expansion is Poised to Change the Way We Navigate the Internet April 22nd, 2011Patents/IP Highlights: MMM attorney Andy McNeil discusses ICANN’s plans for the expansion of available g-TLDs. Click here to read the article. Read More
USPTO Issues Final Rule for Prioritized Patent Examination April 5th, 2011Patents/IP, Resources & Tools USPTO ISSUES FINAL RULE FOR PRIORITIZED PATENT EXAMINATION For a Special Fee, Get a Patent in 12 Months! New Procedure is called “Track One” of a Proposed Three-Track Improvement Initiative On April 4, 2011, the U.S. Patent and Trademark Office (USPTO) issued a final rule to implement “Track One” prioritized examination of a patent application upon an applicant’s request and payment of a $4,000 request fee and other filing fees. Using this procedure, patent applicants should be able to obtain a “final disposition” of their patent application within twelve (12) months of receipt of priority status. Other aspects of the USPTO improvements initiative Read More
How Valuable is Your Trademark? March 31st, 2011Patents/IP HOW VALUABLE IS YOUR TRADEMARK? List of 500 Most Valuable Worldwide Brands Released Top Spot Held by Google This Year Every year, BrandFinance releases a list of the 500 most valuable brands in the world. The top brand for 2011 is Google, followed by Microsoft. Walmart fell to the no. 3 spot from its no. 1 position in 2010. Coca-Cola fell 13 places to no. 16, the first time that it has not been in the top ten for quite some time. The world’s top ten most valuable brands are: Read More
Patent Reform Appearing More Likely: Senate Passes Key Procedural Test Vote – House Bill Soon to Follow? March 8th, 2011Patents/IP Highlights: The Patent Reform Bill of 2011 (a/k/a the “America Invents Act”) appears increasingly likely to pass the Senate and move to the House. On March 7, 2011, the U.S. Senate voted 87-3 for “cloture,” which limits debate on the Senate Bill 23 (S.23). This clears the way for a full Senate vote as early as Wednesday, March 9, 2011. If passed by the Senate, patent system reform will make its way to the U.S. House of Representatives, which is expected to pass a similar bill. News details can be found here. Key details from the Senate bill that Read More
Here Comes Patent Reform — Again February 24th, 2011Patents/IP HERE COMES PATENT REFORM — AGAIN Senate to Vote on Patent Reform Bill Soon (Maybe) by: John R. Harris Every few years, the subject of patent reform comes up.There is little question that significant reforms are needed to the U.S. patent system. Many articles have been written about the subject and what needs to be changed. See our article here. The changes that have been proposed during the past few years are controversial and illustrate the difficulties in finding a solution that satisfies enough Read More USPTO Issues Guidelines to Help Improve Patent Quality February 10th, 2011Patents/IP USPTO ISSUES GUIDELINES TO HELP IMPROVE PATENT QUALITY New Procedures for Determining Compliance with Requirement for Claims in Patent Applications February 10, 2011 by: John R. Harris One of the biggest issues with the U.S. patent system is the notion of “patent quality.” What makes for a “quality” patent? That is not an easy question to answer, nor one that everyone necessarily agrees on. Some might say, a quality patent is easy to understand. Others might say a quality patent is enforceable against infringers. Still others might say that the patent claims provide clear boundaries so that people can readily avoid infringement. Patents are Read More Previous 4 5 6 7 8 Next
USPTO Issues Guidelines to Help Improve Patent Quality February 10th, 2011Patents/IP USPTO ISSUES GUIDELINES TO HELP IMPROVE PATENT QUALITY New Procedures for Determining Compliance with Requirement for Claims in Patent Applications February 10, 2011 by: John R. Harris One of the biggest issues with the U.S. patent system is the notion of “patent quality.” What makes for a “quality” patent? That is not an easy question to answer, nor one that everyone necessarily agrees on. Some might say, a quality patent is easy to understand. Others might say a quality patent is enforceable against infringers. Still others might say that the patent claims provide clear boundaries so that people can readily avoid infringement. Patents are Read More