The global population has been suffering the effects of COVID-19 for over a year. In many countries, vaccine availability has been a source of hope. However, not all countries have access to enough vaccines. This is due in part to intellectual property rules that...
More to patent disputes than infringement claims
Patents are incredibly valuable to companies, particularly those in the technology industry. These businesses fail or thrive based on their ability to provide the newest, the fastest or the most innovative solutions. Thus, disputes regarding patents and other tools to...
Can you choose not to enforce your patent?
Patents provide critical legal protections for owners. As such, securing a patent for novel works is crucial. However, it is only one element of protecting your product. You must also enforce your rights to ensure other parties do not use it without your permission....
Though Growing, Female Patent Inventors Still Lag Behind Male Counterparts
by Marra Clay, guest blogger and J.D. Candidate at the University of Minnesota Law School In 1793, Hannah Wilkinson Slater received a patent for creating a new method of producing cotton-sewing thread. She is often celebrated as the first female inventor to receive a...
Supreme Court slaps down PTO pursuit of attorneys’ fees
The U.S. Supreme Court has weighed in on a new U.S. Patent and Trademark Office (PTO) practice when patent applicants appeal adverse decisions in district court. And the Court’s conclusion is welcome news for applicants who want to go this route to contest the denial...
Look before you leap
Foreign publication leads to patent invalidation It’s not easy out there for a patent owner. Even after a patent is granted, an owner can find the patent’s validity challenged if it hasn’t thoroughly searched for “prior art.” That’s what happened to one...
Getting Priority Right
By Jay Erstling The European Patent Office Board of Appeal recently handed down a decision on the requirements for validly claiming the right of priority of a first-filed patent application. The decision, which upheld the ruling of the EPO Opposition Division to...
4 things that should be part of your trade secret policy
Protecting trade secrets is typically an inexpensive and vague process. The approach can vary from business to business. However, one consistent element should be a solid trade secret policy. This policy directs the business and employees in terms of keeping trade...
Patents and inventors: 3 things to know
When people think of inventors, they often imagine some version of a person in a lab or on the computer working to come up with ideas for new products. However, inventorship can take various forms. Defining who is and is not an inventor in the eyes of the law can be...
Timing matters in inter partes review
Inter partes review (IPR) offers parties an expedited opportunity to challenge the validity of a patent outside of court. But, as one challenger recently learned the hard way, it’s critical that arguments against patentability be raised at the proper time. Out of the...