PLANTRONICS, INC. V. ALIPH, INC. And ALIPHCOM, INC

Patent attorneys beware how you respond to restriction requirements because your response may cause patent prosecution estoppel. PATENT ATTORNEY OVERVIEW In this case, Plantronics filed suit against Aliph and Alipcom (collectively “Aliph”) alleging that Aliph infringed on US Patent No. 5,712,453. The ‘453 patent is directed to concha-style headsets for transmitting received sounds to the [...]

By |2013-07-31T19:27:30-05:00July 31st, 2013|Patent Attorney Takeaways|Comments Off on PLANTRONICS, INC. V. ALIPH, INC. And ALIPHCOM, INC

What are the differences between a 35 USC 102 and a 35 USC 103 rejection?

During patent prosecution it is likely that a patent examiner at the USPTO will issue an office action with a 35 USC 102 and or 35 USC 103 rejections. Samples for responding to a 35 USC 102 rejection can be found here and 35 USC 103 rejection here. The main different between a 35 USC [...]

By |2013-07-31T13:13:14-05:00July 31st, 2013|Patent Basics|Comments Off on What are the differences between a 35 USC 102 and a 35 USC 103 rejection?

IN RE BIMEDA RESEARCH & DEVELOPMENT LIMITED

OVERVIEW:  In this case, Bimeda appeals a decision from the USPTO board of patent appeals and interferences, which affirmed the examiner’s rejection of the claims of US Patent No 6,506,400 for not meeting the requirements under 35 USC 112. The ‘400 patent discuses methods for preventing the inflammation of udder tissues in cows. The ‘400 [...]

By |2013-07-26T13:27:22-05:00July 26th, 2013|Patent Attorney Takeaways|Comments Off on IN RE BIMEDA RESEARCH & DEVELOPMENT LIMITED

NOVOZYMES A/S v. DUPONT NUTRITION BIOSCIENCES

OVERVIEW: Novozymes v. Dupont is a recent patent case that discusses if claimed subject matter in a continuation meets the requirements of 35 USC 112 if the continuation’s claimed limitations are not literally recited in the new claims. Specifically, this case discusses who “one of ordinary skilled in the art” based on technology areas. CASE [...]

By |2013-07-22T14:07:13-05:00July 22nd, 2013|Patent Attorney Takeaways|Comments Off on NOVOZYMES A/S v. DUPONT NUTRITION BIOSCIENCES

Should I file a design patent, a provisional patent, or both?

Initially please review an overview of design patents (overview of design patents) and provisional patents (overview of provisional patents). To determine whether to file a design patent or a provisional/utility patent application it is helpful to understand what your invention is directed towards. If your invention is directed towards novel and new functional features that [...]

By |2013-07-22T10:21:01-05:00July 22nd, 2013|Patent Basics|Comments Off on Should I file a design patent, a provisional patent, or both?

Should My Start-Up File A Provisional Or A Non-Provisional Patent Application?

A common question I receive from inventors and decision makers at Start-ups is whether they should file a provisional patent application or a non-provisional patent application for their new invention. There are benefits and detriments to both ways of beginning the patent process for an invention, which in some industries may be more important. Below [...]

By |2013-07-19T11:59:23-05:00July 19th, 2013|Patent Basics|Comments Off on Should My Start-Up File A Provisional Or A Non-Provisional Patent Application?

Template of How to Draft a Patent Application Including Sample Wording

PATENT ATTORNEY – TEMPLATE SERIES: Click on the links below to access different template sections of a patent application. 1. Field of the Disclosure 2. Background 3. Summary 4. Brief Description of the Drawings 5. Form Language 6. Network Topology 7. Flow Chart 8. Sample Language for Social Network To provide a decent amount of [...]

By |2013-07-16T12:39:59-05:00July 16th, 2013|Template Series|Comments Off on Template of How to Draft a Patent Application Including Sample Wording

PATENT APPLICATION TEMPLATE, SOCIAL NETWORK

PATENT APPLICATION TEMPLATE, SOCIAL NETWORK Simulated space module xx may be configured to host one or more virtual environments for users of client computing devices xx.  As used herein, a “virtual environment” may include a virtual space, social network, one or more interactive, online community, and/or other virtual environments. A simulated space may comprise a [...]

By |2013-07-16T12:40:44-05:00July 16th, 2013|Template Series|Comments Off on PATENT APPLICATION TEMPLATE, SOCIAL NETWORK

PATENT APPLICATION TEMPLATE, FLOW CHART

PATENT APPLICATION TEMPLATE, FLOW CHART FIGURE 2 illustrates a method 200 for [[what patent application/invention does]]. The operations of method 200 presented below are intended to be illustrative. In some embodiments, method 200 may be accomplished with one or more additional operations not described, and/or without one or more of the operations discussed. Additionally, the [...]

By |2013-07-16T12:41:18-05:00July 16th, 2013|Template Series|Comments Off on PATENT APPLICATION TEMPLATE, FLOW CHART

PATENT APPLICATION TEMPLATE, NETWORK TOPOLOGY IN DETAILED DESCRIPTION

PATENT ATTORNEY – SAMPLE TEMPLATE DRAFT, NETWORK TOPOLOGY IN DETAILED DESCRIPTION: Turning now to FIGURE 1, FIGURE 1 depicts one topology 100 for [[title of invention]]. Topology 100 may include one or more data sources 110, information server 120, and client device 140. The elements depicted in topology 100 may be communicatively coupled to each [...]

By |2013-07-16T12:42:41-05:00July 16th, 2013|Template Series|Comments Off on PATENT APPLICATION TEMPLATE, NETWORK TOPOLOGY IN DETAILED DESCRIPTION
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