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Observations on patents and other IP from a dual-licensed practitioner
I’m a fan of the USPTO’s electronic filing system (EFS) and Patent Application Information Retrieval system (PAIR) for patent applications. The former enables applicants to file applications and responses, and…
Israel isn’t long on natural resources, but it does have considerable brainpower. Given the sympathetic reception the modern state of Israel received from its neighbors upon it birth, and continues…
One of the big local stories in Israel earlier in the summer was the outcry over the price of cottage cheese. For many Israelis, this is a staple item. June…
The Israel IP community was left in a state of shock yesterday when it was announced that the victims of an apparent double murder in a home in the Jerusalem…
In the previous post I discussed the Commissioner’s newly-announced policy of distributing draft circular letters for comment in general, and a proposed circular dealing with extensions and suspension of examination…
As has been discussed here before, the immediate past Commissioner was disposed to making policy in the form of “circular letters”. In some cases he issued such letters on matters…
The Federal Circuit’s May decision in In re Kao caught the attention of the patent prosecution community in general, and those of us working in pharma in particular, because it…
Here’s a pop quiz. Frank is an Israeli citizen who has a science degree from an Israeli university. He’s trained for two years in a patent firm, and he wants…
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…
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.
