There are many different types of claims available to the patent drafter. By far the most common are method claims, which define novel actions (such as a process), and apparatus claims, which define novel structure (such as a machine). However, a type of claim element known as a "means plus function" element is something of a hybrid between these two types, and controversy surrounds the interpretation of the scope of claims containing these elements in a software invention.
Seeks to provide a map of various patent issues relating to Internet technology.
This piece reviews recent case law easing the standard of appellate review for PTO decisions.
This document provides general information on how a library can become a designated patent and trademark depository.
This document presents the formal rules for becoming a patent and trademark library.
The Federal Circuit recently issued an en banc decision which will significantly impact the patentability of math.
While method patents have long been available to protect inventors of useful, novel methods of accomplishing particular tasks, such as surgical procedures, business method patents - on a particular method of doing business - are new to the scene.
The United States Court of Appeals for the Federal Circuit recently held in Great Northern v. Henry Molded Products.
This article discusses the Federal Circuit Court of Appeals decision in The Beachcombers, International v. WildeWood Creative Products, Inc.
This guide provides a seven step strategy for conducting a patent search.
A review of current headlines regarding Afghanistan clearly indicates that significant roadblocks remain in the ways of that countryÂs quest towards redevelopment. While the military and other security experts continue to work towards improving the physical security and stability of Afghanistan, a group of attorneys and other legal experts are currently working to improve the commercial legal environment of Afghanistan, with the hope that doing so will help to increase foreign investment in the country.
This court discusses the U.S. Supreme Court's ruling in Dickinson v. Zurko which purports to reduce the level of scrutiny that the Federal Circuit is permitted to give to the administrative decisions of the PTO on patent-and trademark-related questions.
On November 2, 2003, the United States became an active member of the Madrid Protocol system for international registration of trademarks. This is one of the most important changes to U.S. trademark law in recent years, providing a system for obtaining international trademark protection that is streamlined and potentially very cost efficient.
The patent law specifies the general field of subject matter that can be patented and the conditions under which a patent may be obtained.
A patent applicant has a duty to prosecute an application before the U.S. Patent & Trademark Office with candor, go.
The first reported effort by an American physician to enforce a medical method patent against a colleague failed last month in a federal district court in Burlington, Vermont. Judge William Sessions III ruled, in the landmark case, that an eye surgeon who used a patented procedure for stitchless cataract incisions on a patient was not liable to the physician-plaintiff for infringement. The closely-watched case had prompted Congress last fall to consider legislation that would ban or severely restrict the utility and profitability of patents on medical or surgical procedures.
When a US District Court judge awarded $68 million in damages for patent infringement against Research In Motion (RIM), the company's shares fell a staggering 20 per cent. This was in August of 2003, 24 hours after the Court's decision was released. The market impact of the decision was remarkable considering that $68 million represented less than 10 per cent of the $700 million cash reserves held by the Waterloo-based maker of the ubiquitous BlackBerry.
In the field of intellectual property law, the various facets thereof combine to offer protection to a person for .
Provides a discussion of potential drawbacks of the Madrid Protocol.
This document provides basic information about the program by which inventors may send a disclosure of invention to the PTO to be used as evidence of the invention's conception.
This document contains a list of the 10 organizations that received the most U.S. patents in 1998.
Findlaw Interview by David Goguen.
Federal and state utility regulatory agencies are placing increased focus on affiliated transactions involving gas .
A new Federal Circuit decision has opened the floodgates for patents on new financial services that are enabled b.
While copyright law is the most important intellectual property law for the Internet, you need to know enough about patent, trademark, and trade secret law to avoid infringing intellectual property rights owned by others and to be able to take advantage of the protection provided by these laws. These three intellectual property laws are discussed in this chapter.
As of November 2, 2003, a single application filed electronically with the United States Patent and Trademark Office (USPTO), and administered by the World Intellectual Property Organization (WIPO), could potentially result in trademark protection in any or all of the 58 Madrid Protocol member countries. But U.S. trademark owners wanting to protect their trademarks beyond the U.S. border should proceed with caution, however, as looks may be deceiving.
This document contains a list of the 10 organizations that received the most U.S. patents in 1997.
Brochure from the Federal Trade Commission which provides consumers with a checklist to help them determine the patent-ability of a product. The brochure also includes and alert to consumers regarding invention promotion firm scams.
In this patent infringement case, the court had found Plaintiff's patent to be unenforceable on an earlier motion f.
This article presents some common issues that arise for IP transactional attorneys.
We are observing a new development in the US which could be of serious concern to importers of products into this .
This guide answers common questions about patents.
This document provides basic information on what the different patents look like.