Observations on patents and other IP from a dual-licensed practitioner
A few hours ago the House of Representatives passed HR 1249. HR 1249 is disingenuously called the “America Invents Act”; for reasons that have been explicated on other blogs, and…
On June 20, the USPTO announced on its web site that it had agreed with the Israel PTO to undertake a pilot Patent Prosecution Highway (PPH) project, beginning July 1,…
Anyone who’s ever dealt with the USPTO is well aware that there are often times when the person at the USPTO’s end is wrong, but the most efficient response is…
With the debacle that’s being touted by its proponents as “patent reform” being set for a vote this week in the House, I thought I’d share with readers a letter…
Fans of patent blogs will recall the now-defunct Troll Tracker blog. That blog, which was written anonymously, unmasked the various shell corporations behind which the ownership of many asserted patents…
Today I came across this declaratory judgment complaint, filed yesterday in the Southern District of West Virginia (hat tip to kyle(at)priorsmart.com). The DJ plaintiff, A. L. Lee Corporation, asks that…
Igor Stravinsky’s The Rite of Spring describes, in musically graphic terms, the sacrificing of a young maiden as part of a pagan ritual. In recent years, the United States Trade…
While "patent reform" bills that make little sense continue their advance through Congress toward enactment (see extensive reporting on this at www.patentdocs.org), the same gang of idiots politicians can't get its act together…
In December I posted about In re Tanaka, a case before the CAFC in which the question was whether or not an applicant’s desire to add a new dependent claim,…
I’ve complained in this blog about the previous Commissioner’s predilection for exceeding his authority. From a just-published decision of Deputy Commissioner Noah Shlomovitz (released today but dated March 30), we…
In 2004 my wife and I decided to do a crazy thing: take off six weeks from work and take a long vacation in the USA with our kids. OK,…
Belloq: Dr. Jones. Again we see there is nothing you can possess which I cannot take away. –Raiders of the Lost Ark of the Covenant, 1982 “Of course…
The Hebrew-language Makor Rishon newpaper reported on Friday that the search committee tasked with finding a new ILPTO Commissioner has settled on Asa Kling, a partner in one of Israel’s…
During a discussion with a colleague following my last post on “overlap” rejections in the ILPTO, it became apparent that a few additional points regarding such “overlap” rejections – in…
35 U.S.C. §101 reads as follows: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain…
In October I wrote about the paragraph IV challenge to Eli Lilly’s anti-lung cancer drug Alimta®, royalties from which had paid in full for a new $280 million chemistry building…
No, this isn’t a post about Tony Danza, although when I moved to Israel in 1990 it sometimes seemed that the above-named television show was the only thing on TV…
I hope you find this blog informative or even entertaining. If you’re a repeat reader, thanks for being a glutton for punishment…er, thanks for coming back. But for the sake…
The title of this post is taken from the Boy Scout Law: “A scout is trustworthy, loyal, helpful, friendly, courteous, kind, obedient, cheerful, thrifty, brave, clean and reverent”. Sort of…
Last spring I wrote this blog entry about global exhaustion of rights in the patent sphere versus in the copyright sphere, with an eye toward then-the upcoming U.S. Supreme Court…
In the previous post I discussed the issue of amending granted US patents to include new dependent claims. In this post I look at the same question with regard to…
NOTE: This is the first part of a two-part post. This part focuses on US practice; the second part will focus on Israel practice. During ex parte patent practice in…
This morning, during my daily check of correspondence from the USPTO on private PAIR, I found a fascinating letter, the text of which is reprinted below. Turns out that the…
Over the last several years, the USPTO has entered into a number of bilateral agreements under the rubric of what it calls “The Patent Prosecution Highway” (PPH). The general idea…
A few weeks ago I posted about the Commissioner of Patents getting very publicly raked over the coals by a legislator for having unilaterally decided a few years earlier to…
Yesterday the latest copy of my college alumni magazine arrived. The magazine included an article on the campus’ new chemistry building, built at a cost of about 280 million dollars,…
[revised October 20, 2010] In earlier posts, I’ve reported on a number of policies adopted by Dr. Meir Noam, the current Israel Commissioner of Patents, that represent departures from previous…
I usually leave it to other blogs to comment on recent U.S. court decisions. However, I thought that CAFC’s decision in Solvay v Honeywell International earlier this week nicely highlights…
I’m Dan Feigelson. I’ve been practicing patent law for over 30 years. I’m also opinionated, as you may discover in reading my writings here.