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New Ruling: Private Sales of Your Invention Can Prevent Securing Patent Protection

Josh Conley \ January 22, 2019


The U.S. Supreme Court addressed a question that has been up in the air since the America Invents Act went into effect.  In a unanimous decision, the Court held that the scope of the on-sale bar has not changed in scope. The full opinion can be viewed here.

How Is the Prolonged Shutdown Impacting Your IP?

Josh Conley \ January 21, 2019

We are drudging into week 5 of the unprecedented government shutdown. The shutdown caused a variety of issues across the country, including national park closures and TSA crippling under the financial constraints placed on employees. But what does the shutdown mean for your..

New Patent Office Guidelines May Stifle Alice's Reign Of Terror On What Can Be Patented

Josh Conley \ January 14, 2019

There is a ray, eh, a glimmer of hope that change is coming to how the Patent Office decides what is and is not eligible for receiving a patent.  On January 7, the 2019 Revised Patent Subject Matter Eligibility Guidance became effective. The guidance intends to improve..

Will the government shutdown affect my patent and trademark applications?

John Gilberston \ January 09, 2019

With the federal government shutdown extending into its third week, you may be wondering how it will impact your patent or trademark applications.  

Phooey On Louis

John Gilberston \ January 07, 2019

Would you confuse a plastic, poop-shaped toy purse for a Louis Vuitton handbag? MGA Entertainment Inc., maker of the "Pooey Puitton" purse, doesn't think so. On New Year's Eve, MGA filed suit against luxury brand Louis Vuitton in federal court.

Patent Examiners – Friend or Foe?

Tim Zarley \ December 18, 2018

What is a Patent Examiner? The Patent Office employs many people who have different backgrounds, experience, and roles. Most prominent in the prosecution of a patent application are patent examiners.

Patent examiners are individuals who conduct an initial review of your patent

Do you need to police your trademark?

Tim Zarley \ December 11, 2018

Do you need to police your trademark? The simple answer is “Yes.”  

While being the first to use a trademark and/or the first to register a mark provides a priority right to prevent others from using the mark, this alone does not guarantee you trademark protection. As a..

New invention? Do you need to conduct a patentability search?

Tim Zarley \ December 01, 2018

You are not required to conduct a patentability search. Still, the value of a patentability search is that if there is a potential problem, you find out early on in the process before you’ve spent a lot of time and money pursuing a patent on an invention that is not..

Satanic Temple Works Things Out With Netflix and Warner Brothers

Josh Conley \ November 28, 2018

Earlier this month we posted about the Satanic Temple’s $150M lawsuit against Netflix and Warner Brothers over the Satanic Temple’s statue of Baphomet, a “deity of antiquity,” that is seen numerous times throughout the show “The Chilling Adventures of Sabrina.”  The parties..

Patent Owners Cannot Rely Upon Assignor Estoppel During IPRs

Josh Conley \ November 26, 2018

On November 9, 2018, the Federal Circuit decided Arista Networks Inc. v. Cisco Systems Inc., finding assignor estoppel is inapplicable when the validity of a patent is challenged during an Inter Partes Review (IPR).