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Patents vs. Trade Secrets – What’s Best for You

October, 23rd, 2019

By Christopher J. Stankus Why do some companies choose to patent their invention while others choose to keep it secret? It comes down to determining what protection is best for your business and invention. A [Read More…]

Video Games; Press Yes to Continue

October, 9th, 2019

By Andrew P. Siuta The next generation of gaming consoles is quickly approaching.  Microsoft revealed its new gaming console generation with the Xbox Scarlett and Sony revealed the PlayStation 5.  However, with the advances in [Read More…]

Stop Infringers At The Border

April, 18th, 2019

By Christopher J. Stankus Section 337 Investigations at the International Trade Commission (“ITC”) can be a vital weapon for patent owners to protect their U.S. intellectual property against infringing imports. Section 337 Investigations are resolved [Read More…]

Hoping 2019 Brings Clarity to Patentable Subject Matter

January, 2nd, 2019

By Christopher J. Stankus We find ourselves reflecting on 2018’s patent law developments as we welcome the New Year. One notable advancement is the USPTO’s efforts to aid examiners and clarify the law on Section [Read More…]

Extending Your Patent’s Life Utilizing Appeals

December, 18th, 2018

By Michael J. Kosma Once issued, the life of a patent extends twenty years from the date it was filed. While the time between filing and issuance is generally lost because the patent is not [Read More…]

Get Your Patent Faster Using Pre-Appeal Briefs

September, 18th, 2018

By Robert D. Keeler There are multiple strategies for addressing Final Office Actions at the USPTO.  WHIPgroup already explained why examiners like RCEs (and why you shouldn’t). One alternative to an RCE – an Appeal [Read More…]

Why Examiners Like RCEs (and why you shouldn’t)

February, 12th, 2018

By Stephen F.W. Ball, Jr. The USPTO’s “count system” is used to try to objectively measure examiner performance, and the categories “production” and “docket management” are over half of overall examiner performance measurement.[1] The reason it [Read More…]

The Great Chemical Divide: Federal Circuit Suggests the Insubstantial Differences Test for Evaluating Equivalence in Chemical Patent Cases

July, 14th, 2017

By Mackenzie L. Long In 1950 the Supreme Court outlined the two tests for evaluating the doctrine of equivalents in the case, Graver Tank & Mfg. Co. v. Linde Air Products Co., 339 U.S. 605, [Read More…]

The P3 Program Warrants Extension

March, 10th, 2017

By Benjamin N. Luehrs and Robert D. Keeler On January 12, 2017, the USPTO’s Post-Prosecution Pilot (P3) Program concluded its six-month term, having accepted over 1,500 applications. P3’s aim was (1) to increase communication between [Read More…]

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