#patent-law

#patent-law

A Federal Circuit decision rules against granting a patent that would expire upon issuance, emphasizing jurisdictional limitations on appeals.

Provisional rights under patent law provide some back-pay for infringement but only take effect post-issuance.

Patentees cannot claim provisional rights if a patent issues after its expiration date.

The courts are correctly applying the evidentiary burden for determining patent eligibility under the Alice standard.

Impact Engine petitions SCOTUS to clarify standards for means-plus-function claims and address patent eligibility under Section 101.

The U.S. patent landscape is shifting dramatically with changes in administration, impacting policies and the backlog of patents.

Key court decisions are reshaping design patent analysis towards flexibility, responding to evolving global standards.

The Federal Circuit reaffirmed principles of claim separateness in a recent patent case, impacting how injunctions may be filed.

Major leadership changes occurred in the Copyright Office and the USPTO amidst ongoing legislative actions.

The Federal Circuit affirmed the dismissal of Odyssey Logistics' Appointments Clause challenge due to untimely preservation of the challenge.

Integrity and transparency are critical in legal professional registration processes.

Howard Lutnick confirmed as Secretary of Commerce; John Squires expected to be nominated as USPTO Director with strong IP experience.

The USPTO terminated 3,100 patent applications due to signature fraud by a non-registered practitioner.

The Federal Circuit's ruling suggests that Jepson claims without prior art support are invalid, impacting their future use drastically.

The CAFC clarified that provisional applications need to support specific patent specifications for prior art rejections.

The right to repair under U.S. patent law is broad but faces challenges from contractual limitations.

Patent marking requirements rely on the intentions expressed in settlement licenses between parties.

Non-practicing entities must ensure licensees mark products to claim infringement damages.

The common law experimental use exemption offers narrow protections against patent infringement, which poses challenges for scientific research activities.

Courts are increasingly focused on the commercial implications of activities within the context of patent rights.

Understanding the differences between district court and PTAB is crucial for effective patent litigation.

The CAFC upheld the PTAB's decision, finding an erroneous claim interpretation that did not affect the outcome of the patent invalidation.

IPR provides a faster, cheaper alternative to district court litigation for patent validity assessments.

Patent reform discussions are heating up in anticipation of President Trump's second term, focusing on specific legislative changes affecting patent eligibility and enforcement.

Litigation funding can help small businesses enforce patent rights without draining core resources.

The European Commission has abandoned draft regulations on standard essential patents, a decision positively received by R&D firms.