Patent & Defamation Law Blog
The steps to get patent pending for your invention are: Gather the information related to your idea. The information needs to be sufficient to replicate your invention by another person without any input from them. Write a temporary or draft invention disclosure supported by figures and diagrams. Take your document […]
Nowadays reviews about businesses on the Internet are a common occurrence. Almost every business is reviewed on Yelp, YouTube, Facebook, etc. Some reviews are positive and others can be negative. While positive reviews are appreciated, the negative ones can wreak havoc on a business and can affect one’s livelihood and/or […]
Differences between a patent and a trademark A patent relates to an invention. On the other hand, a trademark relates to the name under which a product, good, or service is sold and/or advertised. As an example, a shoe company may have different shapes of shoes that are patented, the […]
Consider the situation where you want to respond back to a final office action but do not want to submit substantial amendments to the claims. While practitioners generally expect the issuance of a non-final office action after a Request to Continue Examination (RCE), section 706.07(b) of the MPEP states that […]
Remember the brave diver, Vernon Unsworth, who put his life at risk by traversing through muddy waters in a complex cave system to save the school kids stuck in Thailand? The guy who Musk infamously referred to as a ‘pedo guy.’ He landed up suing Musk for defamation, and Musk […]
The USPTO has proposed a $400 (large entity) penalty surcharge for initial non-provisional patent application documents submitted in non-docx formats. The penalty for small entities would be $200 and $100 for those who qualify for micro entity. Currently, the proposed fee only affects non-provisional utility patent applications filed under 35 […]
Global PPH program The PPH is a program to expedite/ fast-track patent prosecution between global patent offices. Under this program, when one country’s patent office grants a patent, applicants can, independently, request each patent office to expedite prosecution of the matter in that country. This can reduce costs in obtaining […]
During prosecution of a patent application, applicant first receives a non-final rejection. Thereafter, a response is filed. If the examiner is not satisfied with the response, a final office action rejection is issued. A final office action rejection is a misnomer. This does not mean that a patent cannot be […]
In Chamberlain v. Techtronic the Federal circuit held that a movable barrier operator (e.g., garage door opener) based invention was an abstract idea that failed the Alice test. The claim in question: 1. A movable barrier operator comprising: a controller having a plurality of potential operational status conditions defined, at […]
Date of first use is a very important concept in US trademark law. A trademark application can be filed under 15 USC § 1051 (a), which is an application filed based on actual use in the stream of commerce (referred to as a section 1(a) filing) or under 15 USC § 1051(b), […]