Filewrapper

3 Reasons to Build your Patent Portfolio

By Kirk M. Hartung

A strong patent portfolio provides many benefits to the owner. Patents are an asset that have value, and that value can come in different forms. 1. Patents force competitors to design around the patented invention. As your company spends resources, including time and money, in research and development (R & D), the resulting inventions are […]

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2018 Farm Bill: Proposed Regulations for Comment

By Heidi Sease Nebel

The United States Department of Agriculture (USDA) has published proposed regulations for comment to enact the 2018 Farm Bill, Public Law No: 115-334, Sec. 10108. As one may recall, the bill amended the United States Plant Variety Protection (PVP) Act to add asexually propagated plants as a potential PVP certificate option. As a USDA PVP […]

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State Sovereign Immunity Does Not Apply to IPR Proceedings

By Blog Staff

On June 14, 2019 in Regents of the University of Minnesota v. LSI Corp., the Federal Circuit (CAFC) held that state sovereign immunity does not apply in inter partes review (IPR) proceedings. On appeal, the CAFC affirmed a decision by the Patent Trial and Appeal Board (PTAB) that declined to dismiss petitions for IPR proceedings […]

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10 Data Privacy and Security Practices Your Business Should Adopt

By Sarah M.D. Luth

Data privacy and cybersecurity practices are becoming increasingly important in view of new legislation, such as the General Data Protection Regulation (GDPR) and California Consumer Privacy Act (CCPA) as well as the increasing sophistication of hackers and bad actors. Between 2000 and 2017, cybercrime and breaches of privacy impacted more than 4 million individuals. Cybercrime […]

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Comparing United States and European Patent Law for Software

By Gregory Lars Gunnerson

Software Eligibility in Europe Programs for computers are partially, albeit explicitly, excluded from patentability under Article 52(2) of the European Patent Convention (EPC). Article 52(3) EPC elaborates, “The provisions of paragraph 2 shall exclude patentability of the subject-matter or activities referred to in that provision only to the extent to which a European patent application […]

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Petitioning the Director: Why? When?

By Gregory Lars Gunnerson

Typically, patent attorneys are privileged to work side by side with examiners who embrace the collaborative relationship that exists between patent applicants and the United States Patent and Trademark Office (USPTO). It is typical for examiners and patent attorneys to initially disagree on legal and/or technical issues which relate to the claims of a patent […]

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Federal Circuit Sets Limits on Precise Values Included in Claims

By Luke T. Mohrhauser

The Federal Circuit recently reversed a decision of the United States District Court for the Easter District, overturning an award of damages and decision of infringement in a case between rival boat makers, Brunswick Corp. and Cobalt Boats. In doing so, the Court decided that the claims included precise values without any qualifying terms, and […]

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Possible Action on Reversing Recent Denial of Software, Business, and Medical Inventions as “Ineligible” for U.S. Patents

By Mark D. Hansing

A progression of court decisions over the last decade, including from the United States Supreme Court, virtually eliminated patents on most software, business methods, medical testing and diagnosis innovations. For example, with respect to software-related innovations, if they (1) did not improve the functioning of computers (e.g. make them run faster) or (2) improve some […]

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First Draft from Congress on Section 101 Reform

By Kirk M. Hartung

 On Wednesday May 22, 2019, the Senate and House Subcommittees on Intellectual Property released for comment their initial draft of legislative reform for Section 101 of the patent statutes. The biggest focus of this proposed legislation is an abolishment of the Supreme Court’s judicially created exceptions to patent eligibility, namely, abstract ideas, laws of nature, […]

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Expanded Trademark Rights for Some Hemp-Related Products and Services

By Christine Lebron-Dykeman

Following up on the May 10, 2019, MVS Filewrapper post “Big Changes Ahead for Plant Variety Protection (PVP)”, the United States Patent & Trademark Office (USPTO) has also recently issued some guidance on how the 2018 Farm Bill affect trademark applications for cannabis and CBD products. Per the guidelines issued May 2, 2019, the USPTO […]

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