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Observations on patents and other IP from a dual-licensed practitioner
Gru: "We stole the Statue of Liberty! … The small one from Las Vegas." USPS: uses an artist's version of the Statue of Liberty – the small one from Las…
It's 11 PM. I try to log into the ILPTO's EFS, and I get this message: But I know I've got the correct URL, so I click on…
Six years ago I wrote about Judge Rader of the CAFC and praised his reversing his position on a particular issue; judges don't always admit to mistakes in their jurisprudence,…
Today the USPTO issued patent no. 10,000,000. My brother may speculate why they chose this particular one to be the ten millionth patent. But I'm wondering something else. Here's a…
This is a story about how a good idea that originated in the Israel PTO tripped over its own shoelaces (in a manner of speaking) when it was eventually enacted…
Israel does not require patent applicants to file first in Israel (unless their inventions concern certain defense or nuclear technologies). And as a result, more often than not the first…
Just tried calling an examiner at the ILPTO from a cell phone, and the call was terminated without any rings. So I tried again. Same thing. So I tried another…
It's erev Pesah, when Jews increase their carbon footprint by symbolically burning their leavened products (aka hametz), which they're neither allowed to own nor possess (let alone benefit from) during…
There’s a deadline approaching in a case I filed in Israel for a US colleague. Over the years I’ve handled a number of Israel filings for this person, and although…
In a highly anticipated – and stunning – decision, the US Supreme Court today ruled not only that the Patent Trial and Appeal Board (PTAB) was constitutionally prohibited from entertaining…
This is about a minor point in how the USPTO processes new applications that has bothered me on occasion. Since the adoption of the AIA, US patent applicants are required…
The hottest story in Israeli biotech in 2017 was the August acquisition of Kite Pharma by Gilead Sciences for 11.9 billion dollars, and the announcement in October of FDA approval…
1. I wrote last month about a glitch in the ILPTO’s online payment system that forces patentees’ agents to login and pay renewal fees in two stages, rather than do…
We have a patent for which renewal fees are due. The application was filed January 12, 2012. The patent was granted on September 30, 2017, so renewal fees for years…
I wrote last year about the legal wrangling between Delaware North (DNC), which held the concessions at Yosemite National Park until the end of February 2016, and the National Parks…
Interesting news item from last week: according to Allergan’s web site, on September 8 Allergan and the Saint Regis Mohawk Tribe announced that Allergan had assigned several patents to the…
We’ve blogged before about modified examination in Israel under section 17(c) of the statute. Per §17(c), if a corresponding patent is granted in certain other jurisdictions, one can gain a…
I think every US practitioner who uses EFS/PAIR has encountered the situation where they upload a document via EFS and classify is as one thing, which is initially how the…
There’s a thread today on Carl Oppedahl’s EFS listserv about the processing of new US patent applications being delayed while a national security review takes place. Many people may not…
Before you answer that question, first read this story that appeared on the Fox News website under the headline “UN agency helps North Korea with patent application for banned nerve…
Last month the ILPTO published final versions of two circular notices; the drafts of these notices were discussed at length here, here, here, here and here. The final versions aren’t…
I don’t think any readers of this blog have been living in a cave for the last 25+ years, but if you have, one of the most popular comic strips…
I feel like every time I use the ILPTO's electronic filing system, I discover another bug…and another potential work-around. The latest? Read on. We've got a national phase application that's…
Over the course of the past 10 years or so, the ILPTO has been moving in the direction of speeding up examination of patent applications. Most noticeably, the ILPTO has…
This is the fifth installment of our discussion of the first of two recent draft circulars, “Draft Circular 34/2016”. Part G is directed to the suspension of examination of a…
This is the fourth installment in our discussion of the first of two recent draft circulars, “Draft Circular 34/2016”. Part E concerns “Claims that refer to drawings and examples to…
Continuing with discussion of the first of two recent draft circulars, “Draft Circular 34/2016”, Part C pertains the order of examination of “Green” patent applications, viz. “those patent applications that…
Yesterday I noted that the ILPTO had published draft "circular notices" and requested comments on them. Today we continue with discussion of the first of these draft circulars, “Draft Circular…
The Israel PTO recently published two draft “Commissioner’s circular notices” (hozrei rasham in Hebrew available here and here), requesting comment by January 19, 2017 (to be sent to MitmahePatents@justice.gov.il). No…
On December 29,the ILPTO launched its electronic filing system for design applications. We haven't yet tested it ourselves…and based on the EFS for patents, we don't know if anyone practicing…
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.
