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 →
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 →
When deciding to go to National Phase for a PCT application in the US, a question often asked is if it is better to file the application as a continuation… read more →
In the PTO during examination, examiners will sometimes cite the broadest reasonable interpretation (BRI) standard from the MPEP when making an extreme interpretation of a claim limitation. For example, I… read more →
From Alice Corp. vs. CLS Bank Int’l (573 US ___) 2014. “…but the Court did not assign any special signficance to that fact, much less the sort of talismanic significance… read more →