Blog – Page 6 – Pierson Intellectual Property, Patent Attorney

10 Things To Do Before Speaking with A Patent Attorney

As an Austin, Texas Patent Attorney I recommend inventors and start-ups do the following before speaking with a patent attorney. 1- Do Your Own Patent Search While I recommend that companies obtain a patent attorney to complete a patent search and opinion, I do believe that companies should perform their own patent search before they [...]

By Gene Pierson|2012-10-27T10:31:07-05:00October 27th, 2012|Blog, Patent Basics|Comments Off

In re Bilski part 1: Overview

Bilski was a landmark patent case relating to what is patentable subject matter under 35 USC §101 and affected how patent attorney’s in Austin and throughout the US drafted claims and patents. In Bilski the Supreme Court affirmed the patent board of appeals that a method of hedging risks in commodities trading does not meet [...]

By Gene Pierson|2012-10-26T18:19:16-05:00October 26th, 2012|Blog|Comments Off

Overview of Design Patents

A design patent is a patent granted for the “ornamental design” (i.e. the look) of a functional item. Design patents have been granted for a plurality of different items ranging from tangible items such as cars, computers, lamps to non-tangible items such as mobile application icons and buttons on a computer screen. The standard for [...]

By Gene Pierson|2012-10-26T14:21:05-05:00October 26th, 2012|Blog, Patent Basics|Comments Off

What is a trademark search?

A trademark search and opinion is a thorough search of various trade-mark databases both state and federal, business directors, and other sources to determine if your trademark will not be mistaken by another as the source of your product or service. Trademark searches are highly recommended before a company begins using a logo or slogan [...]

By Gene Pierson|2012-10-25T22:33:30-05:00October 25th, 2012|Blog, Trademark Basics|Comments Off

How Much Does It Cost To Obtain A Patent?

An initial question I frequently get asked by inventors or start-up companies going through the patent process for the first time is “How much does it cost to obtain a patent?” This is a difficult question for a patent attorney to answer, but as an initial ball park figure estimate at least $7000. This price [...]

By Gene Pierson|2012-10-24T21:51:09-05:00October 24th, 2012|Blog, Patent Basics|Comments Off

FLO HEALTHCARE SOLUTIONS, LLC v. DAVID J. KAPPOS

OVERVIEW: This case is a re-examination case with issue pertaining to § 112, ¶ 6, and when means plus function limitations should be invoked if a claim recites a function but does not elaborate a sufficient structure, material of acts within the claim itself to perform the recited function. The patent under reexamination assigned to [...]

By Gene Pierson|2012-10-25T22:56:54-05:00October 23rd, 2012|Blog, Patent Attorney Takeaways|Comments Off

MIRROR WORLDS, LLC, v APPLE INC.

OVERVIEW: Mirror Worlds, LLC had patents with claims directed towards storing computer files in a chronological order based on a time stamp instead of the conventional name of the computer file. By keeping track of all the documents on a computer in a chronologically ordered stream, Mirror Worlds stated that the invention enhances the quality [...]

By Gene Pierson|2012-10-25T22:57:30-05:00October 22nd, 2012|Blog, Patent Attorney Takeaways|Comments Off

IN RE MIRACLE

OVERVIEW: Miracle Tuesday is a fashion company that desired to register a trademark with the word “Paris” in it. The designer of goods for Miracle Tuesday, Jean-Pierre Klifa is a French citizen who lived in Paris for twenty-two years, and currently resides in the United States. The examining trademark attorney rejected Miracle Tuesday mark on [...]

By Gene Pierson|2012-10-25T22:58:15-05:00October 21st, 2012|Blog, Patent Attorney Takeaways, Trademark Basics|Comments Off

IN RE PETER DROGE

BRIEF OVERVIEW: This case is related to re-combinations of DNA sequences that do not occur in nature, where a protein is used to enable the recombination. The claimed method of the defendant used a modified version of a naturally occurring “wild-type” protein to enable the recombination. The board held that the method as claimed by [...]

By Gene Pierson|2012-10-19T21:10:55-05:00October 19th, 2012|Blog, Patent Attorney Takeaways|Comments Off

1st Media, LLC v. Electronic Arts, Inc

BRIEF OVERVIEW: This case deals with inequitable conduct relating with filing references in information disclosure statements. The court standard of review is set out in Therasense for non-disclosure of references to the USPTO. see 649 F.3d at 1290-91. In this case, Attorneys for 1st Media failed to disclose various references that were cited in cross-referenced [...]

By Gene Pierson|2012-10-25T22:58:43-05:00October 19th, 2012|Blog, Patent Attorney Takeaways|Comments Off