by Bishop & Diehl, Ltd. | May 31, 2021 | intellectual property laws, patent, patent laws
When most people talk about patents, the first type that probably comes to mind is a utility patent. A utility patent is granted to anyone who invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful...
by Bishop & Diehl, Ltd. | May 3, 2021 | intellectual property laws, patent, patent laws
Design patents are granted to anyone who has invented any new, original, and ornamental design for an article of manufacture. These patents apply only to the appearance of an article and do not cover an article’s structural or utilitarian features. The subject...
by Bishop & Diehl, Ltd. | Apr 26, 2021 | intellectual property laws, patent, patent laws
For many inventors, starting with a provisional application is the first step in obtaining patent rights. A provisional application allows an inventor to establish an early effective filing date at a low cost. It also allows the inventor to use the term “Patent...
by Bishop & Diehl, Ltd. | Apr 12, 2021 | intellectual property laws, patent, patent laws
Under 35 U.S.C. § 161, a Plant Patent may be granted to “whoever invents or discovers and asexually reproduces any distinct and new variety of plant, including cultivated sports, mutants, hybrids, and newly found seedlings, other than a tuber propagated plant or a...
by Bishop & Diehl, Ltd. | Apr 5, 2021 | intellectual property laws, patent, Patent Challenge Series, patent laws
Another mechanism for challenging an issued patent is inter partes review. Inter partes review essentially picks up where post grant review ends. Inter partes reviews can only be filed after the later of either nine months after the granting of the patent or the...
by Bishop & Diehl, Ltd. | Mar 29, 2021 | intellectual property laws, patent, Patent Challenge Series, patent laws
Unlike a Third-Party Pre-Issuance Submission, a Post Grant Review (PGR) may be instituted within a nine-month window after a patent is granted. A PGR is conducted by the Patent Trial and Appeal Board (PTAB) and can be requested based on any ground related to patent...
