#patent-law

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Intellectual property law
fromPatently-O
3 hours ago

Micro-Entity Traps for Inventors Who Also Own Their Employer

Micro-entity fee discounts under 35 U.S.C. § 123 require strict eligibility, and incorrect certifications can lead to payment deficiencies and loss of standing to sue.
Intellectual property law
fromPatently-O
5 hours ago

Remains Disabled: How a Firmware Rewrite Defeated Bissell's ITC Exclusion Order

Limited exclusion orders bar only specific infringing products, prompting redesigns that can avoid literal infringement via firmware timing changes.
Science
fromPatently-O
2 days ago

Time Machines, Cold Fusion, and a Glucose Problem: A 2026 Report on 101 Utility

Utility rejections under 35 U.S.C. § 101 are rare at the USPTO and often reflect implausible or strange underlying disclosures.
#inter-partes-review
#software-patents
#federal-circuit
fromPatently-O
1 week ago
Intellectual property law

Pairing Down: Federal Circuit Affirms 101 Dismissal of Vehicle-Mode Notification Patent

fromPatently-O
1 week ago
Intellectual property law

Six on the Bench: The Federal Circuit's Pending En Banc Patent Petitions

fromPatently-O
2 weeks ago
Intellectual property law

Range of Motion En Banc Petition: The Plainly Dissimilar Test and the Functionality Question

Intellectual property law
fromPatently-O
1 week ago

Pairing Down: Federal Circuit Affirms 101 Dismissal of Vehicle-Mode Notification Patent

The Federal Circuit upheld the dismissal of TJTM's patent infringement suit against Google, ruling the patent claims were not eligible under § 101.
Intellectual property law
fromPatently-O
1 week ago

Six on the Bench: The Federal Circuit's Pending En Banc Patent Petitions

Six petitions for rehearing are pending before the Federal Circuit, highlighting a rare opportunity for doctrinal correction in patent law.
Intellectual property law
fromPatently-O
2 weeks ago

Range of Motion En Banc Petition: The Plainly Dissimilar Test and the Functionality Question

The Federal Circuit's 'plainly dissimilar' rule is challenged for potentially undermining jury roles in design patent cases.
#indefiniteness
#uspto
fromPatently-O
3 weeks ago
Intellectual property law

Extraordinary by Design: How the USPTO Is Bypassing Its Own Reexamination Rules

Intellectual property law
fromPatently-O
3 weeks ago

Extraordinary by Design: How the USPTO Is Bypassing Its Own Reexamination Rules

A new procedure allows patent owners to argue against reexamination requests before the USPTO decides on substantial new questions of patentability.
#intellectual-property
Intellectual property law
fromIPWatchdog.com | Patents & Intellectual Property Law
1 week ago

Other Barks & Bites for Friday, May 1: EU Lands on USTR's Special 301 Watch List; Battery Recycling Patent Families Increase Seven-Fold in Past Decade; and Google Cert Petition Challenges Settled Expectations Doctrine

The U.S. Trade Representative's Special 301 Report highlights IP issues in the EU and identifies Vietnam as a Priority Foreign Country for IP protection.
Intellectual property law
fromIPWatchdog.com | Patents & Intellectual Property Law
1 week ago

Other Barks & Bites for Friday, May 1: EU Lands on USTR's Special 301 Watch List; Battery Recycling Patent Families Increase Seven-Fold in Past Decade; and Google Cert Petition Challenges Settled Expectations Doctrine

The U.S. Trade Representative's Special 301 Report highlights IP issues in the EU and identifies Vietnam as a Priority Foreign Country for IP protection.
#supreme-court
Intellectual property law
fromPatently-O
2 weeks ago

The Cox Shadow Over Hikma: Four Questions for Wednesday's Argument

The Supreme Court will hear Hikma Pharmaceuticals v. Amarin Pharma, focusing on patent inducement and its parallels with copyright infringement cases.
Intellectual property law
fromPatently-O
2 weeks ago

The Cox Shadow Over Hikma: Four Questions for Wednesday's Argument

The Supreme Court will hear Hikma Pharmaceuticals v. Amarin Pharma, focusing on patent inducement and its parallels with copyright infringement cases.
fromIPWatchdog.com | Patents & Intellectual Property Law
1 week ago

As Judge Albright Prepares to Leave the Bench, A Look Back on His Patent-Friendly Tenure

Judge Albright's courtroom had gained a reputation as a rocket docket for patent cases thanks to the development of local rules focused on patent cases and a lawyer-friendly approach built upon Judge Albright's own deep experience with patent law.
Intellectual property law
#cafc
#pharmaceuticals
#trade-secrets
Intellectual property law
fromPatently-O
3 weeks ago

Same Problem, Same Solution: Reading Trade Secrets Across Fields

The Federal Circuit reversed a jury verdict against Texas urologists for misappropriating trade secrets related to the Penuma penile implant.
#obviousness
Intellectual property law
fromPatently-O
4 weeks ago

Mind the Gap: The Middle Layer of Obviousness Doctrine

The obviousness determination in patent law lacks a structured method for concluding whether an invention is obvious after evaluating the required factors.
Austin
fromPatently-O
2 weeks ago

Fun While It Lasted: Judge Albright to Leave the Bench

Judge Alan Albright will resign from the Western District of Texas, ending a significant patent-venue experiment.
fromPatently-O
3 weeks ago

Still Climbing: PTA Hits 318 Days, Back to 2015 Levels

The six-week trailing average for newly issued utility patents now sits at 318 days as of mid-April 2026, back near the levels that prevailed in 2015.
Intellectual property law
Intellectual property law
fromPatently-O
3 weeks ago

Extra Credit, Not Required: Teva v. Lilly and the Limits of Amgen's Reach

The Teva v. Eli Lilly decision clarifies the evaluation of patent claims for methods of using known compounds under the Amgen disclosure requirements.
fromIPWatchdog.com | Patents & Intellectual Property Law
3 weeks ago

Federal Circuit Distinguishes Amgen in Reversal of Invalidation of Teva Headache Treatment Patents

The Federal Circuit explained that the asserted claims 'do not claim humanized anti-CGRP antagonist antibodies themselves; instead, they claim only the use of such antibodies for the different, limited purpose of treating headache.'
Intellectual property law
Intellectual property law
fromIPWatchdog.com | Patents & Intellectual Property Law
1 month ago

Other Barks & Bites for Friday, April 10: DISH Wins Copyright Appeal Over Arabic TV Retransmissions; Fifth Circuit Awards Google Transfer on Mandamus; and Third Circuit Says Online Publication of Copyrighted Building Codes is Transformative

The article covers significant legal developments in copyright and patent issues, including court rulings and corporate partnerships in the AI sector.
#obviousness-type-double-patenting
Intellectual property law
fromPatently-O
1 month ago

The Dark Matter of Patent Law: Nearly 25% of Office Actions Now Cite Secret Prior Art

Prior art can include unpublished applications, termed 'secret springing prior art', which complicates patent searches and affects rejection rates.
fromIPWatchdog.com | Patents & Intellectual Property Law
1 month ago

Federal Circuit Affirms ITC Refusal to Block Import of Marine Air Conditioner Products

Dometic relied on a presumption that separately listed claim limitations indicate separate and distinct physical structures, citing Becton, Dickinson & Co. but the Federal Circuit rejected this argument.
Intellectual property law
#inventorship
Intellectual property law
fromPatently-O
1 month ago

How the Federal Circuit Is Rebuilding Inventorship Law After the AIA

The Federal Circuit ruled patents invalid due to uncorrectable inventorship errors, highlighting gaps in the current legal framework post-America Invents Act.
Intellectual property law
fromPatently-O
1 month ago

How the Federal Circuit Is Rebuilding Inventorship Law After the AIA

The Federal Circuit ruled patents invalid due to uncorrectable inventorship errors, highlighting gaps in the current legal framework post-America Invents Act.
Intellectual property law
fromKotaku
1 month ago

Nintendo Loses Yet Another Battle In Its Pokemon Patent Trolling

Nintendo's patent on character summoning has been rejected by a U.S. patent examiner, marking a significant setback for the company.
Intellectual property law
fromPatently-O
1 month ago

The Nexus Trap: Why Component Patents Struggle with Objective Indicia

Objective indicia of nonobviousness are increasingly limited by strict Federal Circuit requirements, impacting patent owners' defenses against obviousness claims.
fromwww.npr.org
1 month ago

Why a 98-year-old federal judge is asking the Supreme Court for her job back

"The idea that she's not capable of doing her judicial duties is nonsense," said her attorney John Vecchione, senior litigation counsel at the nonprofit New Civil Liberties Alliance.
Law
Intellectual property law
fromPatently-O
1 month ago

Prototype Enough: Even More Expansion to the ITC Domestic Industry Framework

The Federal Circuit upheld the ITC's exclusion order against certain Apple Watch models in a patent dispute with Masimo over blood oxygen technology.
#prosecution-laches
fromPatently-O
2 months ago
Intellectual property law

Patently Unreasonable: Hyatt's Return to the Supreme Court and the Fight Over Prosecution Laches

Gilbert Hyatt petitions the Supreme Court to challenge the Federal Circuit's prosecution laches doctrine, arguing it conflicts with statutory patent timing provisions in the Patent Act.
fromPatently-O
2 months ago
Intellectual property law

Patently Unreasonable: Hyatt's Return to the Supreme Court and the Fight Over Prosecution Laches

Intellectual property law
fromPatently-O
1 month ago

Patent Law Year in Review: USC IP Institute 2026

The USC Intellectual Property Institute held its annual IP Year in Review session covering major patent law developments, featuring panels on trademarks, publicity rights, and copyright.
#inventorship-correction
Intellectual property law
fromPatently-O
2 months ago

Too Late to Invent an Inventor: Forfeiture and 256 in IPR Proceedings

Section 256 allows patent invalidation to be prevented through inventorship correction without express timing requirements, but the Federal Circuit ruled forfeiture principles can bar delayed corrections from supporting new arguments in inter partes review.
Intellectual property law
fromPatently-O
2 months ago

Too Late to Invent an Inventor: Forfeiture and 256 in IPR Proceedings

Section 256 allows patent invalidation to be prevented through inventorship correction without express timing requirements, but the Federal Circuit ruled forfeiture principles can bar delayed corrections from supporting new arguments in inter partes review.
Intellectual property law
fromPatently-O
2 months ago

The Law/Fact Lever: How the Federal Circuit Can Control Obviousness Outcomes

Obviousness in patent law combines factual and legal elements, allowing appellate courts to bypass deferential review by recharacterizing factual findings as legal errors.
Law
fromAbove the Law
2 months ago

Federal Circuit Dissents Plummet After Pauline Newman's Ersatz Impeachment - Above the Law

Dissenting opinions reveal judicial disagreement and can vindicate alternative legal reasoning over time, as demonstrated by Judge Pauline Newman's dissents on the Federal Circuit being later affirmed by the Supreme Court.
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