The Business of Patents

Defending the Patent Case: Using Section 112 Defenses Against Overly Broad Claims

Many, if not most, patent infringement lawsuits involve a patent owner asserting that its claims cover accused products that differ from the specifically described embodiments in the patent at issue. Patent owners typically want their claims construed broadly by the court so that they “read on” or encompass the defendant’s accused...

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Design Patents Versus Utility Patents

Clients often ask about the differences between design and utility patents. The phrase "design patent" confuses some people because in everyday usage, the term "design" frequently connotes the structure, function, and properties of a product. 

Not so with design patents. Design patents protect the...

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Patenting New Methods of Treatment Using Known Compositions

One question that comes up from time to time is whether you can get apatent on a new method of treatment (sometimes called a new “indication”) using an existing chemical composition.  The answer is “possibly.”

If a chemical composition is known, you cannot...

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Why Do I Need All These Details to Get a Patent?

Lately we have been working some inventors who are newer to the patent process, and they are often concerned about providing details about the embodiments of their inventions. Their concern is that when we ask for this information, it means we are narrowing the scope of their invention.   However, that...

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Patenting Computer-Implemented Inventions May Have Gotten Easier

In recent years, it has become increasingly difficult to patent computer-related inventions such as those concerning smart phone and web applications or even more specialized computer programs used in industry.  The US Patent and Trademark Office (USPTO) has been applying the US Supreme Court’s ruling in Alice Corp. v. CLS Bank International, 573...

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