Patents

Insightful Patent Law Blog Posts

Quick Hitter: Is It Really Obvious To Combine Those References?

By Stephen B. Schott | January 6, 2017

One justification for a patent office rejection is the brick wall, “It would have been obvious for a…

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Patent Month In Review September

By Stephen B. Schott | October 10, 2016

Abstract Idea Step in Patentable Subject Matter: Animated Lip Syncing Not Abstract, is EligibleMCRO, Inc. v. Bandai Namco…

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USPTO Adds Another Final Office Action Option: P3 Pilot Program

By Stephen B. Schott | July 15, 2016

The USPTO recently announced a 6 month pilot program to give applicants another option for responding to final office actions. Here is…

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2016 May Patent Law Update

By Stephen B. Schott | June 13, 2016

By Stephen B. SchottPRIORITY DATES OF EARLIER APPLICATIONSImmersion Corp. v. HTC Corp, Civil Action No. 12-259-RGA, (D.Del 2015)This case is…

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Federal Circuit: Software Not An Abstract Idea—Is Patentable

By Stephen B. Schott | May 15, 2016

Software patents are alive. Again. Many pundits have been saying it since the Supreme Court’s Alice decision on patentable subject matter in…

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April 2016 Patent Law Update

By Stephen B. Schott | May 7, 2016

USPTO Subject Matter Guidelines Updated If you haven’t seen them, the USPTO published patentable subject matter hypotheticals, with an…

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Patents vs. Trade Secret: Which is Right for You?

By Stephen B. Schott | April 16, 2016

An Article in Schott, P.C.’s IP Law For Start-ups SeriesBy Stephen B. Schott Patents prevent others from using your idea…

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What Is A Provisional Application’s Prior Art Date?

By Stephen B. Schott | December 29, 2015

By Stephen B. Schott Provisional applications have a filing date and a publication date. How do you decide which…

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Can You Get An International Trademark? The Madrid Protocol

By Stephen B. Schott | November 15, 2015

An Article in Schott, P.C.’s IP Law For Start-ups SeriesBy Stephen B. Schott If you have valuable intellectual property, you…

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Four Boilerplate Responses For Responding To Subject Matter Rejections Based On The USPTO Hypotheticals

By Stephen B. Schott | February 25, 2015

This is a summary of the sample argument sections of a longer article based on the USPTO’s subject matter-based hypotheticals. Hypothetical 1: Removing…

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