Means plus function claims
Means plus function claims, described in 35 USC 112(f), are a tricky area of patent law. Unlike more commonly used “structural” claims, … Read more
Litigation
Design patent infringement
Design patent infringement isn’t just exact copying. Instead, the test is if an “ordinary observer” will see “substantial similarity.” Determining if a … Read more
Amazon and IP disputes
Amazon.com is enough of an 800-pound-gorilla that its IP policies can impact trademark, copyright, and patent strategy. Amazon is not kind to … Read more
Preissuance submissions
Does a competitor’s patent application look sketchy because it doesn’t cite relevant prior art? Consider filing a “preissuance submission.” Have you found … Read more
Ex Parte Reexamination
Are you having problems with a patent that you believe is invalid? Know about uncited prior art? Consider filing a Patent Ex … Read more
Patent claim ambiguity: 35 USC 112 rejections
Patent claims can’t be ambiguous. Under 35 USC 112, the claims (combined with the specification and prosecution history), must clearly teach the … Read more