Recently, I noted the PTO’s war on functional language. Basically, the PTO has slowly increased the language that will be presumed to be covered by 35 USC 112(6). Now, an… read more →
Copyright is a form of protection provided to the authors of “original works of authorship.” A work can be, for example, a literary work; a pictorial, graphic, and sculptural works;… read more →
Copyright protects authors of “original works of authorship” such as novels, paintings, and movies. Contrary to popular belief, no formal procedures are necessary for Copyright protection. However, registration and proper copyright… read more →
In the recent case of In re Blake Bookstaff , the CAFC reversed a decision by the Patent and Trial Appeal Board (Board) affirming a rejection under 102(b). Briefly, the invention… read more →
When a claim uses the term “means” to describe a limitation, a presumption exists that the inventors used the term to invoke 35 U.S.C.§ 112, sixth paragraph. However, the presumption… read more →
Most prudent companies have their employees sign employee agreements pointing out that all intellectual property created by the employees within the scope of their job belong to the company. However,… read more →
An assignment of a patent, or patent application, is the transfer to another of a party’s entire ownership interest or a percentage of that party’s ownership interest in the… read more →
Since the America Invents Act, the PTO has taken the position that the Application Data Sheet (ADS) will be the sheet that will be used to decide all of the… read more →
On Feb. 9, 2011, the issued new PTO guidelines (Supplementary Examination Guidelines for Determining Compliance With 35 U.S.C. 112) stating that a limitation will be interpreted as means plus function… read more →
The estate of Jack Kirby recently settled its long running dispute with Marvel Entertainment and its parent company Walt Disney regarding whether his estate had a right to terminate the… read more →