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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

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