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Observations on patents and other IP from a dual-licensed practitioner
We reported last month on one of the proposed changes in the ILPTO’s examination guidelines, viz. the proposal to stop rejecting applications having claims that “overlap” with claims of an…
We have from time to time blogged about the Israel PTO’s obsession with “overlap” between patent claims, an obsession which in our view is unfounded, being based on a far…
I think anyone who works in more than one language has stories about “machine generated” translations. One of my favorites is one that appears on restaurant menus in Israel: it’s…
In the previous blog post I discussed the recent decision of the Israel High Court of Justice, which clarified that employee-inventors are not necessarily due compensation for their inventions, that…
The Israel Patent Statute includes a few sections (131-136) dealing with inventions invented by employees. Section 132 establishes a default setting whereby an invention made by an employee during the…
Maybe in the future I'll post something about the basics of protecting trade secrets. Yesterday's Dilbert cartoon gives a good example of how NOT to protect a company's trade secrets…
Economists like to explain how attempts by states to control economies almost always result in failure, such as shortages or surpluses of goods. A textbook example, happening right now in…
One of the difficulties with patent examination is that it can take a long time. If, as an applicant, you’re not in rush, that’s fine. But sometimes you don’t want…
Last week, Israel deposited the instrument of accession to the Geneva Act (1999) of the Hague Agreement. The Hague Agreement is to designs what the Madrid system is to trademarks:…
This post arises from a question that was put to me by a colleague. He wanted to expressly abandon an Israel Patent Application, but when he went into the electronic…
On August 6 DNC assigned 31 marks associated with Yosemite National Park to Yosemite Hospitality LLC, which is the subsidiary of Aramark that now runs the concessions at YNP. These…
Subject matter eligibility under 35 USC §101, and the requirements for compliance with the written description and enablement requirements of 35 USC §112, have been areas of rapid legal development…
My brothers and I were active in the Boy Scouts of America in our youth, our father was active both in his youth and then later through much of his…
Presentations will include the latest info on §101 and §112. Stay tuned for more info…
Earlier today, the US National Parks Service announced that it had settled a suit brought by the previous concessionaire at Yosemite National Park, Delaware North (DNC). Although the announcement didn't…
It’s not unusual for a patent applicant to lose interest in an application. I see this most often in the context of failed clinical trials for a new drug; without…
Once upon a time, universities didn’t pay much attention to IP. That has changed over the years. When I was a kid growing up in Ann Arbor in the late…
I’ve written a few times on this blog about problems encountered with the USPTO’s pre-examination processing team (see e.g. here ), and have engaged in extensive discussions about these problems…
The ILPTO announced today that as of May 1, 2019, it will be a part of WIPO’s Digital Access Service. (An announcement to this effect appeared on WIPO’s site more…
The USPTO's computer systems are just that – a collection of different systems. Some of these systems talk to each other, i.e. are linked together and share data more fully…
In response to January 17's post, an alert reader who wishes to remain anonymous pointed out that part of 8(d) of the APAI's "code of ethics" would seem to preclude…
This is the third installment discussing a situation in which patent practitioner X listed himself as an inventor on an application he drafted and filed on behalf of Z, assigned…
Yesterday I wrote about an interesting situation: patent practitioner X listed himself as an inventor on an application he drafted and filed on behalf of Z, and assigned all his…
This is the first of several posts about an interesting situation. X is a patent practitioner here in Israel. He’s a very smart guy, and he’s one of the straightest…
Filed a payment at the ILPTO on December 21. Just now received the submission confirmation: The USPTO EFS issues these kind of receipts immediately, and has done so since…
We’ve blogged before about the ILPTO’s policy for suspending examination of patent applications. In particular we noted how its collection of fees for such suspension is ultra vires, and how…
Not long ago we filed a continuation application at the USPTO, the most recent installment in a chain of applications. The applications all have the same specification and drawings. All…
Due a major computer glitch, from August 15 through the 23rd inclusive, users of the USPTO’s PAIR system for monitoring patent applications, as well as its electronic filing system (EFS),…
On Friday a panel of the Federal Circuit (Judges Dyk, Moore and Reyna) ruled that sovereign immunity does not shield Indian Tribes from patent challenges via the inter partes review…
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.
