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
In 2021, Wepay Global Payments LLC obtained a design patent (US Pat. No. D930702) for “a display screen portion with animated graphical user interface,” as shown in the pictures below.…
Should Patents be Granted to AI “Inventions”?
On June 6, 2022 the Federal Circuit heard the oral arguments in the future landmark case Thaler v Vidal, which discusses the recent question on whether an AI could be…
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 and implementing…
De Minimis Defense Doesn’t Necessarily Mean Minimal Use
There is a Latin maxim: de minimis non curat lex: The law does not care about the smallest thing. De minimis, in legal terms, means the thing is too trivial or…
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
False marking (as distinguished from false marketing) occurs when a product is falsely labeled as falling within the scope of an enforceable patent. False marking likely occurs in three ways:…