When a party challenging a patent’s validity alleges that multiple prior references made the invention obvious, it may need to show that someone would have been motivated to combine those references into the invention. However, in a recent case, the U.S. Court of Appeals for the Federal Circuit found that no motivation to combine is required where a secondary reference is used only to explain the primary reference.
Circumstantial evidence seals induced patent infringement liability It may seem apparent to patentees when someone is inducing third parties to infringe their patents, but it’s not always easy to prove in a court of law. The U.S. Court of Appeals for the Federal Circuit, which hears all patent-related appeals, recently provided a welcome reminder that sometimes circumstantial evidence can go a long way. The court also weighed in on the proper calculation of lump-sum reasonable royalty damages.
If a graphical user interface is important to your business’ overall brand, you should take another look at design patents. According to recent statistics from the World Intellectual Property Organization the graphical user interface (GUI) and user experience (UX) space are among the fastest growing areas of design applications filed at the USPTO. Why are design patents so popular for protecting GUI elements of products?
When most people think about design patents, they think of consumer products, such as furniture, footwear, toys, car designs, and packaging. However, today, industries such as medical technology, electronics and software are utilizing design patents to add additional layers of IP protection to their products. In fact, designs in the graphical user interface and user experience space are the fastest growing area of design applications filed at the US Patent & Trademark Office.
It’s easy to get excited when you come up with a new invention. But the U.S. Patent and Trademark Office won’t consider an invention novel enough to qualify for a patent if a publicly available printed publication “anticipated” it. With a recent ruling, the U.S. Court of Appeals for the Federal Circuit (which hears all appeals concerning patents), provided some guidance on how it determines whether a publication was publicly available on the relevant date.
How often do you browse the Federal Register? For most people, the answer probably is never. But if you want to patent an invention that falls within the regulations of a federal agency like the U.S. Food and Drug Administration (FDA), the Federal Register might trip you up. For one patent applicant, it did just that.
Despite what movies and television shows might suggest, not every great idea is worthy of—or, more importantly, eligible for—a patent. The inventor of a new phonetic alphabet learned this lesson the hard way.
On September 30, 2018, the US, Mexico and Canada agreed to replace the North American Free Trade Agreement (NAFTA) with a new comprehensive trade pact, called the US-Mexico-Canada Agreement (USMCA). Chapter 20 of the USMCA deals with intellectual property. The chapter includes provisions updating the almost 25-year old NAFTA as well as new requirements based on the provisions of the Trans-Pacific Partnership (TPP). President Trump repudiated the TPP when he took office in January 2017; to a large extent, therefore, the USMCA reinstates rules that the TPP adopted, but the US abandoned. The following are a few of the relevant provisions of the USMCA.
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