Robert J. Sayfie Law Blog

What is the America Invents Act?

The America
Invents Act was signed into law on 16 September 2011, however many of the key
provisions do not become effective until 16 March 2013.

For example, for
patent applications filed on or after 16 March 2013, he law will switch U.S.
right to the patent from the present "first-to-invent"
system to... Read More

A case decided 16 August 2011 provides an answer. In the case of CYBERSOURCE CORPORATOIN v RETAIL DECISIONS, INC., the court stated,

“to impart patent-eligibility to an otherwise unpatentable process under the theory that the process is linked to a machine, the use of the machine “must impose... Read More

Yes.  Patentability, including certain deadlines, is primarily governed by the statute of 35 United States Code, section 102. 

This statute, at subsection (b), states that an inventor can not file a patent application if:

"...(b) the invention was patented or described in a printed publication in this or a foreign country or in public use... Read More

The benefits of federal trademark registration are:

1. Constructive notice nationwide of the trademark owner's claim;

2. Evidence of ownership of the trademark;

3. Jurisdiction of federal courts may be invoked;

4. Registration can be used as a basis for obtaining registration in foreign countries; and

5. Registration may be filed with U.S. Customs Service to prevent importation of infringing foreign goods.

Visit Read More

Typically, a non-provisional patent application is published eighteen (18) months after it is filed.  If someone is infringing a patentee's invention, damages based on a reasonable royalty rate begin on the publication date. 

However a patentee can not file a lawsuit in court until the patent issues.

The statute that governs the damages starting at the publication date, is Read More

Prior art is described at 35 U.S.C. 102 Conditions for patentability; novelty and loss of right to patent.  The statute recites:

A person shall be entitled to a patent unless -
(a) the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant... Read More

Answer: (1) sue them in Federal Court; or (2) File a complaint with the United States International Trade Commission (USITC).

A patent provides the patentee the right to prevent others from (1) making, (2) using, (3) selling, (4) offering for sale, or (5) importing the claimed invention.

Depending on circumstances, it may be more beneficial for a U.S. patentee to file a Read More

The recent United States Supreme Court decision in Bilski v. Kappos answers this question.  From that decision, the United States Patent and Trademark Office issued a guide for patent examiners.  The Read More