Payday Loans Payday Loans

Archives for July, 2012

Software Patentability- The Federal Circuit Giveth . . . and Taketh Away

In a recent newsletter, we discussed CLS Bank Int’l, et al. v. Alice Corp. Pty. Ltd. (Case No. 2011-1301)(Fed. Cir. 2012) and the Federal Circuit’s efforts to provide guidance as to the patentability of software in the wake of the Supreme Court’s decisions in Bilski and Prometheus. The CLS decision sought to soften the blow…

Read More

New USPTO Rules for 3rd Party Prior Art Submissions Take Effect on September 16, 2012

In one of our recent posts, we discussed a technique (“poisoning the well”) that third parties can use to get the examiner who is handling a competitor’s patent application to consider prior art that is not currently of record. Instead of sending the prior art to the Patent Office, we recommended sending it to the…

Read More

The Dangers of “Stuffing” Your Patent Applications with Undeveloped Ideas

Many companies build an IP portfolio around particular products, and the portfolio evolves over time as new refinements and improvements to the original concept are developed.  This sometimes raises the question of whether various different inventions should be consolidated into a single application or split into separate applications.  One benefit to consolidation is that it…

Read More

My Competitor Is About to Get an Invalid Patent—What Can I Do?

The process of examining U.S. patent application is ex parte and does not involve third parties. The examination is based on the prior art that the applicant submits to the Patent Office and the prior art that the examiner uncovers in his or her searches.  Many companies try to stay aware of their competitors’ patenting…

Read More