artful Insights
artful Insights
Don’t Despair. Try to Declare! – Best Practices for Rule 132 Declarations
A Rule 132 Declaration is one patent prosecution tool for introducing relevant evidence into the examination record for overcoming a rejection. Because attorney arguments cannot take the place of factual evidence, it can be beneficial…
Read MoreFinal Rule on USPTO Fee Changes
The US Patent and Trademark Office (USPTO) issued a final rule increasing fees effective 19 January 2025. The new fee rules include across-the-board increases of about 7.5% and other targeted increases intended to secure funds…
Read MoreE-commerce Patent Enforcement: Protecting Rights Holders in Online Retail
Too often, a company will create a new product, market it via online retail channels, and then discover someone (often multiple entities) has copied their product, interfering with profits and brand development for the original…
Read MoreEx Parte Reexaminations
Ex Parte Reexamination remains a viable way for patent owners and third parties to request the U.S. Patent and Trademark Office to reconsider the validity of a granted patent based on patents and other printed…
Read MoreWorkman Nydegger Recognized in the 15th Edition of Best Law Firms – United States
Workman Nydegger is pleased to announce its ranking and inclusion in the 15th Edition of Best Law Firms – United States, independently produced by Best Lawyers. Workman Nydegger received a Metropolitan Tier 1 ranking in…
Read MorePractical Tips for Responding to Office Action Rejections (Part II)
When responding to an Office Action, as a patent practitioner, you have a variety of tools available in your “toolbox”. A previous posting discussed several such tools. Another tool available in the toolbox is to…
Read MorePractical Tips for Responding to Office Action Rejections (Part I)
When responding to an Office Action, as a patent practitioner, you have a variety of tools available in your “toolbox”. One such tool includes identifying whether the cited art even qualifies under 35 USC 102(a)…
Read MorePractical Tips for Claim Drafting
Drafting patent claims can be tricky, in that sometimes we may not think about the implications of how we choose to draft a given claim. For example, is there really any significant difference between “The…
Read MoreWorkman Nydegger Celebrates the Swearing-In of Two of its Attorneys
Workman Nydegger is proud to announce that two of its attorneys, Andrew Macdonald and Mansi Chauhan, were officially sworn in as members of the Utah State Bar. The ceremony took place on October 3, 2024,…
Read MoreDouble Patenting Drama: Recent Cases and USPTO Proposals
The legal framework for obviousness-type double patenting (ODP) and its relationship to patent term adjustment (PTA) continues to evolve. In Gilead, the Federal Circuit held that a later-issued but earlier-expiring patent is a proper ODP reference…
Read More20 Workman Nydegger Attorneys Named to the 2025 Best Lawyers, Including One to Watch
Workman Nydegger is happy to announce that 20 of our exceptional attorneys have been named in the 2025 edition of The Best Lawyers in America. Workman Nydegger is incredibly proud of their accomplishments and the…
Read MoreThree Workman Nydegger Attorneys Recognized as Salt Lake City’s “Lawyer of the Year” by Best Lawyers
Workman Nydegger Attorneys John Stringham, David Todd, and Thomas Vuksinick have been recognized as Salt Lake City’s “Lawyer of the Year” in the areas of Copyright Law (Stringham), Litigation in Intellectual Property (Vuksinick), and Patent…
Read MoreWorkman Nydegger Recognized in the IAM Patent 1000 2024 Edition
Workman Nydegger is pleased to announce that nine of its attorneys have been recognized in the 2024 IAM Patent 1000 United States: Utah rankings. Among them, Rick Nydegger has been honored as a global leader,…
Read MorePatent Eligibility Test Under 35 U.S.C. § 101 and Response Strategies
The precedent set by the Supreme Court in Diamond v. Chakrabarty (447 U.S. 303 (1980)) held that “anything under the sun that is made by man” is patentable under 35 U.S.C. § 101. This standard…
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