By Heather J. Hubbard on Posted in PatentThe Federalist Society recently hosted a panel “Is the Patent System Working or Broken?” at George Mason University School of Law featuring retired Federal Circuit Judges Paul Michel and Arthur Gajarsa and Seventh Circuit Judge Richard Posner, with D.C. Circuit Judge Douglas Ginsburg moderating the panel. Although the America Invents Act (“AIA”) was intended to … Continue Reading
By Justin F. McNaughton on Posted in PatentA few months ago we wrote about the Monsanto appeal that was pending before the U.S. Supreme Court. The Federal Circuit previously affirmed that Bowman (a farmer) had infringed Monsanto’s patent rights when he purchased patented and non-patented seeds, culled all of the non-patented seeds, and replanted only the patented seeds. The Supreme Court took the … Continue Reading
By Justin F. McNaughton on Posted in Patent,TechnologyJust when we thought the issue of patentability of software could not get any more confusing, the Federal Circuit issued its opinion in CSL Bank International v. Alice Corp. Pty. Ltd. on Friday, May 10, 2013. That case was over a computerized system and method for reducing risk using escrow-based transactions. The Federal Circuit (sitting … Continue Reading
By Justin F. McNaughton on Posted in Patent,TechnologyGoogle, Blackberry, Earthlink and Red Hat recently filed with the Federal Trade Commission their analysis of the anticompetitive effects of patent trolls (a/k/a non-practicing entities) on competition. (Their analysis may be found here.) What is particularly intriguing is their argument that licensing patents to a non-practicing entity stifles competition because the non-practicing entity is not … Continue Reading
By Guest Author on Posted in Patent,TechnologyThe U.S. Supreme Court recently heard oral arguments in a case expected to have a major impact on the global agricultural industry, individual farmers, and research and development efforts directed to genetically modified crops. To decide the case, the Supreme Court must ultimately elucidate the scope of patent exhaustion in the context of self-reproducing goods … Continue Reading
By Guest Author on Posted in PatentThe United States is the only country in the world to still use a first-to-invent system for patent application filing; every other country employs a first-to-file system. That will soon be changing. Under the current U.S. first-to-invent system, the first person to create an invention is entitled to a patent on that invention, even if … Continue Reading
By Keith Randall on Posted in Copyright,Patent,TechnologySony Computer Entertainment Japan recently filed for a new patent which has peaked the curiosity of the gaming world. From the published patent application we can gather that Sony’s new technology links each game sold to the console (PlayStation) upon which it is first played. After this initial imprint, the game would be unplayable on … Continue Reading
By Robb S. Harvey on Posted in Copyright,PatentAs discussed on TIPS a few months ago, a number of publishers of scientific journals have launched copyright lawsuits against a handful of law firms, alleging that the firms’ photocopying in connection with patent submissions constitutes infringement. That dispute has now proceeded to the motion to dismiss phase, with U.S. District Judge Kyle of the … Continue Reading
By Justin F. McNaughton on Posted in PatentThe Leahy-Smith America Invents Act of 2011 establishes a new fee structure for the solo inventor (or university employee) to be known as “micro entities.” 35 U.S.C. 123. The purpose is to allow these micro entities to receive a seventy-five percent (75%) reduction in patent filing fees. In simplistic terms, a micro entity is one … Continue Reading
By Justin F. McNaughton on Posted in PatentOne of the most important deadlines for patentability in the United States is the statutory on-sale bar. Inventors should always have this deadline in mind—it can prevent you from obtaining a patent if you are not mindful of it, since it is one deadline that cannot be extended. Currently (and effective until March 16, 2013, … Continue Reading
By Kelly Hollowell on Posted in PatentUnder Section 134 of the Patent Act of 1952, if a patent application is denied by the USPTO, the applicant may file an administrative appeal with the PTO’s Board of Patent Appeals and Interferences, with appeal to the Court of Appeals for the Federal Circuit under Section141. Another option is the applicant may file a … Continue Reading
By Robb S. Harvey on Posted in Copyright,PatentPatent lawyers are in the crosshairs of some scientific journal publishers for alleged copyright infringement. In recently filed lawsuits, publisher John Wiley & Sons and the American Institute of Physicists claimed that lawyers and their Chicago-and Minneapolis-based law firms had wrongfully copied journal articles. The plaintiffs made good on their threats to pursue lawyers who … Continue Reading
