New FishFAQ video: Patent Pending
We have a new FishFAQ™ video explaining the term "patent pending", when it can be used, and some considerations to keep in mind when using the term.You can find all…
The Power of Arbitration Agreements in Patent Royalty Disputes
The recent case, Zimmer Biomet Holding v Insall, resulted in a judgment requiring the licensee to continue paying royalties after patent expiration. The holding conflicts with Supreme Court precedent, but…
Amazon APEX and Personal Jurisdiction
Federal Circuit Decision on Amazon APEX (May 2024) In May 2024, the Federal Circuit issued a decision concerning a patentee’s use of Amazon’s patent enforcement process, called APEX.Briefly, Amazon has…
Cellect v. Vidal and the future of Patent Term Adjustment
Overview of Cellect v. Vidal The U.S. Supreme Court is currently considering Cellect v. Vidal, a case with potential impact on many patents.Cellect is the owner of 4 patents being…
New FishFAQ video: Speeding Up Patent Prosecution
We have uploaded our latest FishFAQ™ video to YouTube. This video covers various options for speeding up patent prosecution. You can watch it on a small scale here or follow the…
New FishFAQ video: How to Handle Rejection
We have uploaded a new video covering Rejections. Hearing that your patent application has been rejected can be a disheartening thing. But watch the video to find out how rejections…
New FishFAQ video: PCT Applications
We have uploaded a new video talking about the issues involved in enforcing patents. You can find the video on YouTube here as part of our ongoing FishFAQ series of explanations of intellectual property.We…
New FishFAQ video: Right-to-Practice
We have uploaded a new video covering the Right-to-Practice. Having a patent on your invention gives you the right to exclude others from practicing your invention, but not necessarily the…
New FishFAQ video: Patent Enforcement
We have uploaded a new video talking about the issues involved in enforcing patents. You can find the video on YouTube here as part of our ongoing FishFAQ series of…
New FishFAQ video: Invention Disclosure
We have a new FishFAQ video out covering Invention Disclosures. You can view it to the right, or find it on the relevant Invention Disclosure section on our Patent FAQs…
The US Patent Process Wall Display
This is our newly installed display of the US Patent Process.
Simplified Patent Process Flowchart
Since clients frequently want to know the process of getting a patent, we have made a simplified flowchart of the basic steps. To be clear, this simple flowchart does NOT purport…
The Latest Case in Enforcement of Design Patents
A Design Patent for a Graphical User Interface In 2021, Wepay Global Payments LLC obtained a design patent for “a display screen portion with animated graphical user interface”. (US Pat.…
Should Patents be Granted to AI “Inventions”?
The DABUS Case and the Question of AI Inventorship On June 6, 2022 the Federal Circuit heard the oral arguments in the future landmark case Thaler v Vidal. These discuss…
Supreme Court: Less focus on patent matters post-Alice
Alice v CLS (2014) was a landmark case for patent eligibility. The decision held that Alice’s patents were invalid because the claims were drawn to an abstract idea. Implementing them…
De Minimis Defense Doesn’t Necessarily Mean Minimal Use
Understanding the Meaning of “De Minimis” in Law There is a Latin maxim: de minimis non curat lex: “The law does not care about the smallest thing.” De minimis, in legal…
New FishFAQ Video: Opposing Patents
There is a new FishFAQ video up on our Fish IP Law YouTube channel. This one covers opposing patents and answers questions about keeping track of competitors patents, how to oppose competing patent apps,…
New FishFAQ video: Valuing Patents
There is a new FishFAQ video up on our Fish IP Law YouTube channel. This one is on patent valuation and covers questions like what sort of due diligence is…
Patents on Transactions Using Cryptocurrency: Square versus PayPal
One of the challenges of patenting technology related to blockchain is that the subject matter is likely directed to one of the judicial exceptions (i.e., abstract ideas) that are not…
False Marking
What Is False Marking? False marking (distinct from false marketing) occurs when a product is falsely labeled as covered by an enforceable patent. Common Ways False Marking Occurs False marking…
Can an AI machine be an inventor?
Current Patent Office Position on AI Inventors Wow, fascinating issue, this one. For now the short answer is a simple “no”. And several patent offices across the globe have already…
POTENTIAL PROBLEMS WITH FILING A SECOND PROVISIONAL APPLICATION
US Provisional Applications: Duration and Abandonment Provisional applications in the US last only one year. If no utility or international application is filed during that one-year window, the provisional is…