AEON Law’s IP Haikus

How to Sue Foreign Patent Infringers in the US

How to Sue Foreign Patent Infringers in the US

Foreign infringers Can be sued in the US If they have contacts In general, the jurisdiction of US courts ends at the borders of the US. However, there are situations in which US patent owners can reach foreign defendants or acts of infringement that take place outside...

USPTO Increases Trademark Proof-of-Use Audits

USPTO Increases Trademark Proof-of-Use Audits

USPTO Cracks down on unused trademarks; More audits coming The US Patent and Trademark Office (USPTO) is cracking down on unused registered trademarks. Unused marks “clutter up” the trademark registry and make many potentially valuable marks unavailable for others to...

WIPO Panel Refuses to Cancel Domain Name Registration

WIPO Panel Refuses to Cancel Domain Name Registration

Domain name bad faith Isn’t shown when respondent Registered name The Arbitration and Mediation Center of the World Intellectual Property Organization (WIPO) has refused to cancel a challenged domain name, finding that the Complainant failed to prove that the name had...

How to Satisfy the Written Description Requirement

How to Satisfy the Written Description Requirement

Written description Must allow a skilled person To carry it out A recent Federal Circuit decision explores the challenges involved in properly describing a claimed invention in a patent application. Quake v Lo involves shared claims in an issued patent and a patent...

Patent for Testing Circuits with Laser Survives Challenge

Patent for Testing Circuits with Laser Survives Challenge

Using a laser To check semiconductors Is patentable A patent for testing electronic circuits using a laser has survived a challenge that the subject matter was patent ineligible under 35 U.S.C. § 101. Section 101 states: Whoever invents or discovers any new and...

Physical Check-Processing Doesn’t Pass § 101 Test

Physical Check-Processing Doesn’t Pass § 101 Test

Federal Circuit Finds patent claims are abstract Though checks are for real The Federal Circuit has ruled that patent claims can still be “abstract” even though the claimed invention involves the processing of physical checks. Solutran, Inc. v. Elavon, Inc. involves a...

Can a Robot be an Inventor?

Can a Robot be an Inventor?

Can robots invent? Patent filing challenges Traditional rules Who – or what – can be considered an “inventor”? 35 U.S.C. § 100(f) defines “inventor” as:  the individual or, if a joint invention, the individuals collectively who invented or discovered the subject...

“Work-for-Hire” Agreement Must Be Signed Before Work Starts

“Work-for-Hire” Agreement Must Be Signed Before Work Starts

Work-for-hire doctrine Requires a signed agreement Before the work starts The “work-for-hire” doctrine allows the employer or client of the actual creator of a work of authorship to be deemed the “author” (and thus the owner) for purposes of copyright law. Normally,...