How the Smallest Detail Becomes the Biggest Pitfall in Trademark Applications

Filing a federal trademark application in the U.S. requires careful attention to a number of details, including obvious components, like the configuration of the mark and the nature of the goods and/or services on which it is being used or will be used. Of the numerous elements that go into the application, there are certain “routine” details that can be easily overlooked. One such “inconsequential” detail, if handled improperly, can doom a trademark application and any resulting registration. The culprit: designation of the mark’s owner. (more…)

The Lost Einsteins: Women Underrepresented Among U.S. Inventors

A new report issued by the USPTO points to an untapped segment of U.S. innovators – women. Released on February 11, “Progress and potential: a profile of women inventors on U.S. patents” outlines the trends and characteristics of women inventors named on U.S. patents over the last 40 years. The report shows a modest increase in the number of women inventors, but documents that women still make up a small minority of inventors and highlights the untapped potential of women to spur innovation. (more…)

To Be or Not to Be a Micro Entity

When filing a patent application with the United States Patent and Trademark Office (USPTO), certain applicants have the option to designate “small entity status” or “micro entity status.” Claiming either small or micro entity status has some benefits, but can also have drawbacks. When faced with that decision, what should the company do? (more…)

Return of the Rocket Docket?: New Case Law Potentially Changes the Tide of Patent Lawsuits Fleeing Favored Venues

The United States Supreme Court’s May decision in TC Heartland LLC v. Kraft Foods Group Brands LLC was widely seen as a limitation on the jurisdictions in which a patent owner can file infringement claims. That decision set off a minor scramble among patent owners to find suitable and accessible alternative forums. More recently, a district court decision has swung the pendulum in the other direction and could potentially preserve the ability of patent owners to choose their own venue, including one so-called “rocket docket” in the Eastern District of Texas. (more…)

“Private” Sale of Invention Bars Patents

Last month, the Federal Circuit issued a decision confirming that a “private” sale of an invention, more than one year before the effective filing date of a patent application for that invention, invalidates the resultant patent. The case, captioned Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc., addressed the “on-sale bar” in 35 U.S.C. § 102 and verified that the America Invents Act (AIA) did not change the pre-AIA statutory meaning of “on sale.” (more…)