Who Is the Inventor? The Art of Determining Conception of an Idea
Adam Zeiger's article titled “Who is the Inventor? The Art of Determining Conception of an Idea” was published by Medical Device and Diagnostic Industry (MD+DI). Read more.
Articles
Investing in Inventing: A Patent Process Primer for Startups
(As published in IP Watchdog) Inventions that are worth protecting are at the core of almost every new technology startup. For a newly formed company, it can be daunting to evaluate the amount of time...
In Re Maatita’s Guidance for Figures in Design Patent Applications
The Federal Circuit recently held in In Re Maatita that a single plan-view drawing in a design patent application for a shoe bottom sufficiently enabled the claimed design, and the lack of additional ...
Boston Patent Law Association Response to USPTO Request for Comments on Changes in Examination Procedure Pertaining to Subject Matter Eligibility
Jonathan Roses co-authored on behalf of the Boston Patent Law Association's (BPLA’s) Patent Office Practice Committee an August 2018 Response to USPTO Request for Comments on changes in examination pr...
Big Changes Come to Post-Grant Trials: Claim Construction Standards and SAS
(as published by Thomson Reuters Westlaw Journal IP) Two recent events will drive big changes in ongoing and future post-grant trials, including in inter partes review, post-grant review and covered b...
BRI vs. Phillips Standard: “Treating” Definitions with Care
Typically, the PTAB and district courts apply different claim construction standards, which can cause the two forums to construe the same term from the same patent differently. Such divergent treatmen...
TTAB finds sales to single customer, although not substantial, sufficient to avoid abandonment of MOMBACHO for cigars
John L. Welch's article titled "TTAB finds sales to single customer, although not substantial, sufficient to avoid abandonment of MOMBACHO for cigars" was published by World Trademark Review. Read mor...
Don’t Forget the Specification When Applying BRI
A recent Federal Circuit decision illustrates the dangers of construing claims too broadly when applying the “broadest reasonable interpretation” (BRI) standard. Petitioners especially must remember t...
A Printed Publication May Be More Than Just a Label
As we have written previously, the PTAB is very active in defining what is and is not a printed publication, and what the PTAB decides can make or break the IPR. A recent decision illustrates yet agai...
Federal Circuit: TTAB applied wrong test in finding Coca-Cola's ZERO mark not generic for soft drinks
John L. Welch's article titled "Federal Circuit: TTAB applied wrong test in finding Coca-Cola’s ZERO mark not generic for soft drinks" was published by World Trademark Review. Read more (subscription ...
For Indefiniteness Challenges in District Court, Don’t Forget What You Said in IPR
A recent district court decision illustrates that petitioners should think carefully about requesting IPRs of claims that they may challenge as indefinite in litigation. Indefiniteness challenges are ...
Boston Patent Law Association Response to USPTO Request for Comments on Notice of Proposed Rulemaking for Changes to PTAB Trial Claim Construction Standard
Jonathan Roses was the lead author on behalf of the Boston Patent Law Association's (BPLA’s) Patent Office Practice and Contested Matters Committees of a July 2018 Response to USPTO Request for Commen...