Sketchbook

October 7th, 2019The New Enforcement Paradigm: Using Amazon to Defend Your Invention RightsIt can be challenging for a new business to innovate and sell products online.  Copycats troll Kickstarter, Indiegogo, and Amazon…Read More

September 23rd, 2019Making Your (Virtual) Mark in the Patent WorldIn order to recover damages for infringement of a patent, the patentee must give adequate notice to the public that…Read More

August 19th, 2019Even if Cited Art is Ancient History, Your Claims Might Still be History: ‘Old’ Art Cited in Office ActionsThe patent statute provides in part that “…Whoever invents or discovers any new and useful process, machine, manufacture, or composition…Read More

April 12th, 2019Who is an Inventor on a Patent Application? Not just any Tom, Dick, or Harry…From time to time, when exploring the question of inventorship with a client, I’ve been told things along the lines…Read More

March 26th, 2019Get a Patentability Search Before Filing Your Patent ApplicationYou are going on a 2-year trip, and it’s going to cost you about $20,000. If you don’t know what…Read More

February 11th, 2019THINKING ABOUT MARKUSH-TYPE CLAIM STRUCTURE – AGAINI wrote about this same general subject nearly 2 years ago[1], but believe it is worth repeating, as I still…Read More

September 18th, 2018Want to Protect Your Idea? Three Things to Consider Early OnA patent is a powerful tool that can give you an advantage over your competitors. Patent rights enable you to…Read More

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