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USPTO proposes fee increases for FY 2013; more increases may follow

Fox Rothschild LLP
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USA
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May 17 2012

On May 14, 2012, the U.S. Patent and Trademark Office proposed an increase in its patent fees for Fiscal Year 2013

Court: patent license extends to continuation patents unless the agreement expressly says otherwise

Fox Rothschild LLP
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USA
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May 3 2012

In another case highlighting why it’s important for license agreements to clearly describe the parties’ intent, the U.S. District Court for the Southern District of New York recently considered a situation where a patent holder granted a third party (licensee) a covenant not to sue under certain patents

USPTO offers patent applicants option to supplement disclosure of prior art after paying issue fee

Fox Rothschild LLP
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USA
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May 16 2012

When filing a patent application, all inventors and others involved with the application are required to inform the U.S. Patent and Trademark Office (USPTO) if they are aware of any prior art that may be material to patentability

Hot dogs and hindsight

Fox Rothschild LLP
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USA
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June 4 2012

In the five years since the Supreme Court issued its ruling in KSR v. Teleflex, on the whole courts have liberally applied the case’s legal standard of “common sense” to overturn patents for inventions that are not overly complex

Akamai: inducement of patent infringement can occur even if no single entity performs the entire patented method

Fox Rothschild LLP
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USA
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September 4 2012

The Federal Circuit recently made it easier for patent holders to address what the Court called “the problem of divided infringement,” i.e., a situation where a defendant induces several other parties to collectively perform all steps required to infringe a patent, but no single entity performs all of the steps itself

Submitting prior art against a pending patent application

Fox Rothschild LLP
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USA
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July 23 2012

On July 17, 2012, the U.S. Patent and Trademark Office (USPTO) a final rule expanding the ability of interested parties to submit prior art against a pending patent application for consideration by the USPTO Examiner

USPTO extends First Action Interview Program through August 16, 2012

Fox Rothschild LLP
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USA
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July 20 2012

The USPTO recently announced that it is extending its successful First Action Interview Pilot Program but applicants must act fast, as the extension will only last for a few weeks

USPTO issues new fee increase proposal for 2013

Fox Rothschild LLP
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USA
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September 7 2012

On September 6, 2012, the U.S. Patent and Trademark Office published an updated proposal to increase its patent fees for Fiscal Year 2013

Advertising patents on the rise

Fox Rothschild LLP
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USA
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June 15 2012

Patent applications and infringement claims surrounding advertising methods are on the rise as new media outlets and smartphones continue to reinvent the way companies market themselves

Get ready for first-inventor-to-file

Fox Rothschild LLP
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USA
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July 30 2012

Last week, the USPTO published a set of proposed rules that will implement the new first-inventor-to-file system, which is one of the most significant changes that the America Invents Act will make to U.S. patent law