It is difficult to think of a case that has had more influence on patent practice than KSR v. Teleflex (550 U.S. 398 (2007)). In KSR, the U.S. Supreme Court rejected the established practice that an invention could not be...more
7/22/2020
/ Appeals ,
Defense Strategies ,
Evidence ,
Litigation Strategies ,
Nonobvious ,
Obviousness ,
Patent Applications ,
Patent Litigation ,
Patent Prosecution ,
Patent Trial and Appeal Board ,
Patents ,
Post-Grant Review ,
Prior Art ,
SCOTUS ,
USPTO
Both the European Patent Office (EPO) and the Japanese Patent Office (JPO) accept a third party observation regarding validity of a patent application. In February 2012, it was announced that third party observations could be...more
9/17/2018
/ Administrative Procedure ,
China ,
EU ,
European Patent Office ,
Foreign Patent Applications ,
Japan ,
Japan Patent Office ,
JPO ,
Patent Cooperation Treaty ,
Patent Examinations ,
Patent Invalidity ,
Patent-Eligible Subject Matter ,
Patents ,
Prior Art ,
SIPO ,
Third-Party
The America Invents Act provides an expanded process for a third party to submit prior art to the examiner concerning any U.S. patent application. The new process is aimed to encourage the public to submit relevant art as a...more
9/14/2018
/ Administrative Procedure ,
America Invents Act ,
Design Patent ,
Foreign Patent Applications ,
Foreign Trademark ,
Inter Partes Review (IPR) Proceeding ,
International Litigation ,
Patent Infringement ,
Patent Trial and Appeal Board ,
Patents ,
Plant Patents ,
Prior Art ,
Third-Party ,
Trademark Infringement ,
Trademark Trial and Appeal Board ,
Utility Patents
A Survey of Third Party Observation Systems -
Third party observations can be a cost-effective way of introducing prior art or arguments related to patentability of a published patent application. The September 2018 issue...more
9/13/2018
/ America Invents Act ,
China ,
EU ,
European Patent Office ,
Foreign Patent Applications ,
Japan ,
Japan Patent Office ,
Patent Cooperation Treaty ,
Patent Prosecution ,
Patentability Search ,
Patents ,
Prior Art ,
Third-Party