Sketchbook

August 23rd, 2018Overriding Patents – The Naloxone DilemmaWith no end in sight to the ongoing, and widening, opioid epidemic in the United States, politicians, public health officials,…Read More

April 17th, 2018Shoulda, Coulda, Woulda…A Combination is Not Obvious Simply Because it Could Have Been MadeAt one time or another, most practitioners have probably been faced with the contention by an Examiner that a claimed…Read More

April 12th, 2018In Re: Power Integrations, Inc.The broadest reasonable interpretation of a claim term cannot be uncoupled from the specification or render the term meaningless in…Read More

March 6th, 2018The “Quick & Dirty” Provisional – And Other Mythical CreaturesFrequently, after discussing the potential costs associated with pursuing patent protection, a potential new client will ask:  “Can’t we just…Read More

February 20th, 2018Making Amendments to Range Limitations in Patent ClaimsA patent claim that includes a numerical range may be rejected based on prior art that discloses the range. For…Read More

November 27th, 2017USPTO Fees on the RiseThe United States Patent & Trademark Office (USPTO) issued and published final rules for patent fees. While some fees increase…Read More

November 7th, 2017A Brief Overview of Design PatentsDesign patents are governed by 35 USC § 171, which states “[w]hoever invents any new, original and ornamental design for…Read More

September 18th, 2017Third-Party Submissions Under 35 USC §122(e)Many companies track new patent applications that publish within the fields that they operate in, in order to keep abreast…Read More

July 12th, 2017Impression Products v. Lexmark: Supreme Court Strengthens Doctrine of Patent ExhaustionOn May 30, 2017, the U.S. Supreme Court issued its decision in Impression Products, Inc. v Lexmark Int’l, Inc., addressing…Read More

May 15th, 2017The Who’s Who and What’s What of a Patent Application: An Overview of Inventors, Assignees, and ApplicantsWhen filing a patent application, there are three key characters to identify: Who is the inventor? Who is the assignee?…Read More

April 24th, 2017What is Patent Scope and Why Should You Care? Because Hogs Get Slaughtered—That’s Why.You came up with what is in your estimation the next best invention. For the purposes of illustration, let’s say…Read More

April 17th, 2017Preparing Inventors for the Patent ProcessEven though inventors are central to the creation of an invention, they are often an underutilized resource during the actual…Read More

April 11th, 2017Navigating the Patent Prosecution Highway (PPH)Patent Applicants often wish they could accelerate examination of their U.S. applications when corresponding patent claims have already been determined to meet the requirements for patentability elsewhere.  On January 6, 2014, the United States Patent and Trademark Office (USPTO) launched a simplified Patent Prosecution Highway …Read More

April 4th, 2017Non-Statutory Double Patenting Rejections and Terminal DisclaimersPatent applicants who are seeking to broadly protect an invention will often file multiple patent applications on the same invention, each application having claims of different scope.  In this case, a non-statutory double patenting rejection may be issued to reject one or more of the …Read More

March 20th, 2017Is Your Hair on Fire? Patent Preliminary InjunctionsCongress has expressly authorized the issuance of injunctions to prevent patent infringement.[1] Preliminary injunctions, however, are “extraordinary” and “drastic” remedies…Read More