Monthly Archives: March 2013

Should I file an RCE?

You receive a final office action that allows some claims, giving you the option to file an RCE to keep arguing the non-allowed claims. In the end, you may get a patent with broader claims. However, there is some amount … Continue reading

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How to file Supplemental Examination Request under new rules

A portion of the Supplemental Examination Request submissions for patents have been rejected for failing to comply with the new rules. Based on an application that was accepted for Supplemental Examination, I have developed a template of what appears to … Continue reading

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The rise of 3D-pringting as intellectual property

The technology of 3D-printing has made great progress, and the laws affecting this industry are catching up. A 3D-printer is a machine that builds objects, by adding (printing) very tiny layers of material on top of each other to create … Continue reading

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Customer Lists Part 3: Active Policing and Enforcement

No one likes to think Big Brother is watching, but active policing and enforcement of data security measures will have a deferent effect. It is critical to monitor employee access to secure company databases and limit access to important data … Continue reading

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Customer Lists Part 2: How to Maintain Secrecy and Confidentiality

One of the primary reasons for using a restrictive covenant agreement is to protect a company’s confidential information and trade secrets. By implementing certain policies and procedures, a company can significantly enhance its chances of winning trade secret and/or confidentiality … Continue reading

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Customer Lists Part 1: Trade Secret or Not?

When determining whether customer lists qualify as a protectable trade secret, a court’s analysis will consider a number of factor: whether the list was compiled with substantial effort and expense, whether the customer identities are public or commonly known, and … Continue reading

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Design Patents for Screen Icons or Images

Screen icons have tremendous branding power for companies. You undoubtedly know these: Smart phones, tablets and other touchscreen devices work primarily with screen icons. Consumer recognition is powerful, so companies want to prevent copycat icon images from being introduced into … Continue reading

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Using equitable estoppel as infringement defense

Equitable estoppel is a legal doctrine that prevents a party from asserting a legal claim or right under principles of fairness and equity. In the 1992 en banc decision of Aukerman v. Chides Constr., the Federal Circuit identified three elements … Continue reading

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