Patents

Nearly everyone has heard of someone with an invention to make life easier, more fun or more interesting. Many patent attorneys receive calls weekly f ... read more
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Patents, DVR Wars and Recording Your Shows
Digital Video Recorders (DVRs) have changed the way we watch television. No longer do you need to run home to catch your favorite shows or bother with VHS tapes to record programs. DVR technology allows for people to easily record shows without tapes, without a VCR and without timers. With the touch ... Read more

The America Invents Act: Whoever Files First Wins Big
The electric motor, light bulb and sliced bread - Americans love to invent things. There's even a popular TV show where entrepreneurs and inventors compete for investment money for their ideas. Federal patent laws have been protecting inventions like these since 1790. And for the first time in 60 years, ... Read more

What Is Patent Infringement?
Nearly everyone has heard of someone with an invention to make life easier, more fun or more interesting. Many patent attorneys receive calls weekly from people with creative ideas, wondering how they can get their ideas patented so no one else can use them. But what about patent infringement? What is ... Read more

Mind over Matter? Supreme Court Considers the Patentability of "Methods"
Update The US Supreme Court decided in Bilski and Warsaw v. Kappos that a business method for managing price risks in the energy market was too abstract to be patented. In simple terms, the business method was a mathematical formula. A lower federal court determined that the mathematical formula wasn’t ... Read more

Patent Rights vs. Patients' Rights
New ideas and creations are protected under intellectual property law. When a person or company invents something, they can apply for a patent. A patent is a set of exclusive rights granted by the government to an inventor for a limited time, in exchange for financial rights. The field of intellectual ... Read more

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Thank you for your question.  I wqould love to speak with you about your options at this point.  Please let me know if you are available for a phone call to discuss.  Have a great day. ...Read more

Dear Kimberly,   Thank you for the question.  The answer to how much of a different between shape and appearance is enough really depends on whether an "ordinary observer" would view the d ...Read more

Thank you for your question.  The first quetion you need to think about is what type of patent do you need a design patent, a non-provisional utility patent, or a provisional utility patent appli ...Read more

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DietGoal Patent is Abstract Under Alice, Bravo!

THIS CAUSE having been heard and considered, it is ORDERED and ADJUDGED: PER CURIAM (DYK, MAYER, and REYNA, Circuit Judges). AFFIRMED. See Fed. Cir. R. 36. That’s all she wrote.  Literally. ... Read more

How To Obtain A Patent In California

A patent is a grant issued by the U.S. government that gives an inventor the right to exclude all others from making, using, or selling his or her invention.  To obtain a patent, the inventor, or ... Read more

Changes To The Inequitable Conduct Defense

In a 6-1-4 decision, the court held: (1) the sliding scale test for materiality and intent no longer applies, (2) materiality and intent must be separately proven by clear and convincing evidence, (3) ... Read more

Considerations when Evaluating the Validity of a U.S. Patent

Considerations when Evaluating the Validity of a U.S. Patent: 1. Is the patent expired? In the United States, utility patents are enforceable for a period of twenty (20) years from the filing date, if ... Read more

Federal Circuit Finds Assigned “Inventions and Discoveries” Extends to Continuation Applications

In MHL Tek, LLC v. Nissan Motor Co., 99 USPQ2d 1681 (Fed. Cir. 2011), MHL Tek, LLC (“MHL”), the controversy surrounds the ownership of U.S. Patent Nos. 5,663,496 (“the ?496 patent&#8 ... Read more

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