A Possible Method to Minimize the Cost of Patent Litigation
Patent litigation is often costly and time-consuming. However, the 2011 Leahy-Smith America Invents Act (“AIA”) offers a patent review system called inter partes review that could possibly reduce the cost of patent litigation. Defendants accused of patent infringement can use inter partes review and request the United States Patent and Trademark Office (“USPTO”) to review […]
Local Competition Helps The World
To be a successful entrepreneur in the cutthroat market of today’s world you are no longer able to just have a good idea and a hard work ethic to become successful. You need one thing, money, and lots of it. Even though you thought you could get away with just a good idea and […]
Reflections of the Patent Bar Exam
Recently I took and passed the United States Patent & Trademark Office Registration Exam. It was my second attempt. It is a daunting experience but manageable with some occasional misery in the mix. The paper exam is offered once a year, but the computer exam can generally be scheduled and taken Monday through Saturday at Prometric […]
A Graphic History of Patent Law
A Graphic History of Patent Law by University of Southern California We post a lot about modern patent law issues, but sometimes it helps to take a step back and look at the bigger picture of the origins of patent law and its long, rich history. Recently, the University of Southern California put together a helpful […]
After Final Consideration Pilot
In May of 2013 the United States Patent and Trademark Office (USPTO) initiated a new program known as the After Final Consideration Pilot 2.0 (AFCP). The AFCP authorizes patent examiners to take additional time in considering responses to final patent rejections. During this process, the patent examiner will conduct an interview with the patent applicant […]
Patentability and the Issue of Obviousness
What exactly is obvious? Patent attorneys and independent inventors alike are aware of the standards of patentability; the invention must be (1) new, (2) useful, and (3) non-obvious. Common sense dictates the first two standards of patentability. To be new and useful, an invention must solve an existing problem in a manner which has not […]
Patent Invalidation: The Early Bird Gets the Worm
Inventors and manufacturers often hit a roadblock called a patent. A question often asked to a patent attorney is “how can I get a patent invalidated or have a pending patent application rejected by the examiner?” With the enactment of the America Invents Act (AIA) the message to parties looking to invalidate a patent or […]
Ask The Patent Attorney: What makes an idea patentable
Each new episode Patent attorney Vincent Lo Tempio answers new questions about patents and the patent process in an interview setting. This week the patent attorney discusses: What makes an idea patentable. Is it a new, useful and non-obvious improvement? Through explanation and example what is “non-obvious” What is “prior art” Please present a question […]
The many faces of pumpkin patents!
It is the eve of Halloween! Hopefully all the pumpkins have been carved and are ready to be illuminated for the festivities that tomorrow hold. As the candle brings to life the newly carved face of the pumpkin, it starts to take on an identity. Its smile or frown becomes a haunting facial expression, yet […]
Ask The Patent Attorney: How to protect a new design
Patent attorney Vincent LoTempio answers the questions posted on comments from Ask The Patent Attorney Episode 1 by Chris Norwood. This is the second edition of Ask the Patent Attorney, but we label it 1.5 because we actually have filmed a few episodes in advance of “Ask the Patent Attorney” and so we had to […]
