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4 Mar 2014, 2:01 pm by Dennis Crouch
by Dennis Crouch One difficulty with the US patent system is that the same rules of patentability are sometimes determined by a judge, other times by a jury, and, of course, most often by a patent examiner. [read post]
18 Jan 2014, 4:57 am by Dennis Crouch
By Dennis Crouch Patent applications filed on or after June 8, 1995 have a term of twenty years from the date of application filing. [read post]
18 Mar 2014, 6:20 pm by Dennis Crouch
By Dennis Crouch The 18th Century French Encyclopédie of Diderot & d’Alembert was an important and well-known encyclopedia available at the founding of the U.S. and well known to founding fathers, including Madison and Jefferson. [read post]
26 Jan 2014, 6:25 pm by Dennis Crouch
By Dennis Crouch In reply to a prior post, one comment asked about the whether US patents tend to have claims directed to both an apparatus and to a method or instead are those types of claims separated out into separate patents. [read post]
17 Jun 2016, 8:35 am by Dennis Crouch
by Dennis Crouch A substantial percentage of patents continue to pass through the post-issuance correction process that leads to a Certificate of Correction. [read post]
10 Mar 2014, 1:25 pm by Dennis Crouch
by Dennis Crouch Today the Supreme Court decided an interesting patent case in Brandt v. [read post]
21 Aug 2014, 10:00 am by Dennis Crouch
By Dennis Crouch The Patent Trial and Appeal Board (PTAB) is burdened with a statutory mandate to quickly reach final determination in its post-issuance review trials. [read post]
30 Apr 2014, 2:33 pm by Dennis Crouch
By Dennis Crouch In Octane Fitness, the Supreme Court gave discretion to district courts in determining whether to award attorney fees to the prevailing party. [read post]
11 Feb 2010, 10:51 am by Dennis Crouch
By Dennis Crouch After the Federal Circuit's 2006 en banc decision in DSU Medical, charges of inducing patent infringement were thought to require that the accused infringer have actual knowledge of the asserted patent. [read post]
8 Mar 2011, 6:33 pm by Dennis Crouch
by Dennis Crouch In strong bipartisan fashion, the Senate today passed the America Invents Act (S. 23). [read post]
9 May 2012, 11:24 am by Dennis Crouch
By Dennis Crouch Under Director Kappos' tenure, the USPTO has focused on reducing the backlog of unexamined cases. [read post]
12 Apr 2010, 5:30 pm by Lawrence B. Ebert
Placing some clips of an interview of Judge Rader by Gene Quinn on Patently-O, Dennis Crouch observed at the end of his post on Patently-O: [Aside: Gene Quinn asked me to take-down most of my excerpts of the interview and I have done so.]Of what was on Patently-O, there was text about the purpose of dissenting opinions. [read post]
7 Sep 2012, 12:53 pm by Dennis Crouch
By Dennis Crouch "Settlement risk" is real in almost every transaction. [read post]
7 Nov 2022, 3:57 am by Dennis Crouch
by Dennis Crouch As Jason Rantanen posted, the Supreme Court has granted certiorari in Amgen v. [read post]
13 Sep 2024, 12:53 pm by Dennis Crouch
by Dennis Crouch I have been reading a good number of PTAB decisions recently to try to get my head wrapped around the current state of the obviousness and eligibility doctrines within the USPTO. [read post]
25 Feb 2022, 4:15 am by Jonathan Stroud
Unrelatedly, there was a hastily-filed errata filed in the Cal Tech opinion at the Federal Circuit with major estoppel implications (that Dennis Crouch has already well-covered). [read post]