Month: March 2021

Tatonetti IP - Using the Word “Invention” in a Patent Application can Result in Disavowal and the Loss of Rights

Using the Word “Invention” in a Patent Application can Result in Disavowal and the Loss of Rights

Using the Word “Invention” in a Patent Application can Result in Disavowal and the Loss of Rights Contrary to some patent practitioners who think that using the word “invention” or the words “present invention” in a patent application can have no effect on claim interpretation – Federal Circuit case law suggests otherwise. In fact, use …

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Tatonetti IP - The Design Patent Decision that Patent Practitioners should Ignore… at least for now1

The Design Patent Decision that Patent Practitioners should Ignore… at least for now

The Design Patent Decision that Patent Practitioners should Ignore… at least for now On November 14, 2019, the Northern District of California found non-infringement of a design patent owned by OZ-Post because Simpson Strong-Tie Company’s accused product included a shaft that was not present in the claimed design.[1] The addition of the shaft to the accused screw …

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Tatonetti IP - Checklist for Filing an International Design Application (IDA) Pursuant to the Hague Agreement

Checklist for Filing an International Design Application (IDA) Pursuant to the Hague Agreement

Checklist for Filing an International Design Application (IDA) Pursuant to the Hague Agreement 1) Prepare the design application according to US standards. Unlike many foreign jurisdictions which implement a design registration process, the US implements an examination process similar to utility applications. This makes the USPTO a good target audience for design applications since the standards are higher relative to the registration jurisdictions. That …

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