Archive for December, 2016

 

Obviousness at the Federal Circuit

Wednesday, December 21st, 2016

In a recent Federal Circuit decision, In re NuVasive, Inc. (Fed. Cir. 2016), the Court remanded a Patent Trial and Appeal Board (“PTAB”) decision because the PTAB invalidated claims in a patent without articulating a reason why the cited prior art references would be obvious to combine.

Under 35 U.S.C. §103, a claim is invalid if the differences between the prior art and the claim could have been obvious to a person having ordinary skill in the art (“PHOSITA”) considering the issue at the time the invention was made. In KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398 (2007), the U.S. Supreme Court held that the motivation to combine references need not be found expressly in the prior art itself, but may be explained by a fact finder using common sense.  The KSR Court additionally wrote that it can be important to identify a reason that would have prompted a person having ordinary skill in the art to combine the elements in the way the claimed new invention does.

According to the Court in NuVasive, “the PTAB failed to explain the reason why a PHOSITA would have been motivated to modify [the prior art]” and the Court could not “’reasonably discern’ the PTAB’s reasoning as to motivation to combine…”  This case illustrates that ensuring the Patent Office clearly articulates a reason to combine prior art references can be an effective tool for rebutting obviousness.

The opinion can be found here: In re NuVasive, Inc. (Fed. Cir. 2016).

IP Attaché Program: A Valuable USPTO Tool for Protecting U.S. Stakeholders Abroad

Wednesday, December 21st, 2016

The USPTO’s IP Attaché Program was recently featured by the Department of Commerce as being a valuable for U.S. businesses and stakeholders seeking to protect their IP interests abroad.  Serving at embassies, consulates, and missions in 14 locations around the world, the IP Attachés work to improve intellectual property systems internationally and help U.S. stakeholders navigate IP systems abroad.

IP Attachés work as advocates for improved IP policies, laws, and regulations abroad.  Attachés provide services such as raising IP issues with foreign government officials, providing IP training, conducting public awareness programs, and presenting and explaining U.S. government positions.  IP Attachés also provide services that benefit U.S. businesses and stakeholders directly.  For example, U.S. businesses seeking to enter foreign markets or conduct business abroad can contact Attachés for information on how to navigate foreign laws and regulations, how foreign courts and governments work, and how to protect and enforce IP rights abroad.

The IP Attaché Program is a valuable resource for U.S. businesses seeking IP protection abroad.  To read the complete article by the Department of Commerce, visit: https://www.commerce.gov/news/blog/2016/11/uspto-attaches-valuable-resource-us-intellectual-property-interests-abroad.  For general information on the IP Attaché Program, visit: https://www.uspto.gov/learning-and-resources/ip-policy/intellectual-property-rights-ipr-attach-program/intellectual.

IP Attaché Program: A Valuable USPTO Tool for Protecting U.S. Stakeholders Abroad

Wednesday, December 21st, 2016

The USPTO’s IP Attaché Program was recently featured by the Department of Commerce as being a valuable for U.S. businesses and stakeholders seeking to protect their IP interests abroad.  Serving at embassies, consulates, and missions in 14 locations around the world, the IP Attachés work to improve intellectual property systems internationally and help U.S. stakeholders navigate IP systems abroad.

IP Attachés work as advocates for improved IP policies, laws, and regulations abroad.  Attachés provide services such as raising IP issues with foreign government officials, providing IP training, conducting public awareness programs, and presenting and explaining U.S. government positions.  IP Attachés also provide services that benefit U.S. businesses and stakeholders directly.  For example, U.S. businesses seeking to enter foreign markets or conduct business abroad can contact Attachés for information on how to navigate foreign laws and regulations, how foreign courts and governments work, and how to protect and enforce IP rights abroad.

The IP Attaché Program is a valuable resource for U.S. businesses seeking IP protection abroad.  To read the complete article by the Department of Commerce, visit: https://www.commerce.gov/news/blog/2016/11/uspto-attaches-valuable-resource-us-intellectual-property-interests-abroad.  For general information on the IP Attaché Program, visit: https://www.uspto.gov/learning-and-resources/ip-policy/intellectual-property-rights-ipr-attach-program/intellectual.

IP Attaché Program: A Valuable USPTO Tool for Protecting U.S. Stakeholders Abroad

Wednesday, December 21st, 2016

The USPTO’s IP Attaché Program was recently featured by the Department of Commerce as being a valuable for U.S. businesses and stakeholders seeking to protect their IP interests abroad.  Serving at embassies, consulates, and missions in 14 locations around the world, the IP Attachés work to improve intellectual property systems internationally and help U.S. stakeholders navigate IP systems abroad.

IP Attachés work as advocates for improved IP policies, laws, and regulations abroad.  Attachés provide services such as raising IP issues with foreign government officials, providing IP training, conducting public awareness programs, and presenting and explaining U.S. government positions.  IP Attachés also provide services that benefit U.S. businesses and stakeholders directly.  For example, U.S. businesses seeking to enter foreign markets or conduct business abroad can contact Attachés for information on how to navigate foreign laws and regulations, how foreign courts and governments work, and how to protect and enforce IP rights abroad.

The IP Attaché Program is a valuable resource for U.S. businesses seeking IP protection abroad.  To read the complete article by the Department of Commerce, visit: https://www.commerce.gov/news/blog/2016/11/uspto-attaches-valuable-resource-us-intellectual-property-interests-abroad.  For general information on the IP Attaché Program, visit: https://www.uspto.gov/learning-and-resources/ip-policy/intellectual-property-rights-ipr-attach-program/intellectual.