Carson City Patent Attorneys & Lawyers

Key Takeaways

• The America Invents Act (AIA) revolutionized U.S. patent law by shifting from a First to Invent to a First Inventor to File system, harmonizing U.S. practices with international standards.
• The AIA introduced Post-Grant Review (PGR) and Inter Partes Review (IPR) to streamline patent challenges and reduce litigation costs.
• The Act aimed to reduce patent backlogs and encourage innovation, but critics argue it favors large corporations over individual inventors.
• Micro entity and small entity provisions reduced fees to promote accessibility for independent inventors and startups.
• The AIA established new programs such as virtual marking, pro bono patent assista

...

Key Takeaways

• Filing a provisional or nonprovisional patent application grants "patent pending" status immediately upon USPTO submission.
• Provisional applications are not examined and last up to one year; nonprovisional applications undergo formal examination.
• Utility patents typically take 1–5+ years for a final decision, depending on backlog and technology type.
• Accelerated programs like Track One and the Patent Prosecution Highway can significantly reduce wait times.
• Abandoned or poorly drafted applications can delay or derail the process.
• Not all patent applications lead to granted patents; compliance with legal and technical standards is essential.

Wondering how long does it take to get a patent pending status? It occurs the moment you file a provisional patent application (PPA) or a regular patent application with the USPTO.

How Long Does Patent Pending Last: What Is the Process?

Patent pendi

...

Key Takeaways

• Kimble v. Marvel Entertainment reaffirmed the long-standing Brulotte v. Thys Co. rule, which prohibits collecting patent royalties after a patent’s expiration.
• The case emphasized the principle of stare decisis, with the Supreme Court deferring to Congress for any changes to patent royalty laws.
• The ruling highlighted that patent rights end upon expiration, though creative licensing structures can still allow post-expiration compensation under non-patent terms.
• Justice Kagan’s majority opinion defended the balance between innovation and competition established by existing patent law.
• The decision remains controversial among legal scholars w

...

Key Takeaways

• A non-obvious invention is one that would not be obvious to someone with ordinary skill in the relevant field.
• The non-obvious requirement is distinct from novelty and utility, and often the most difficult patentability hurdle.
• Courts use several legal tests and rationales to assess obviousness, including the Graham factors and guidance from KSR v. Teleflex.
• Non-obviousness may be supported by secondary considerations such as commercial success, long-felt but unsolved needs, and industry praise.
• Real-world non obvious examples help illustrate the practical line between inventive steps and routine improvements.

What Is Non-Obvious?

Non-obvious is a requirement for patent protection that literally means your invention is not obvious to someone who is in the same industry. A new invention needs to be unexpected or surprising and cannot be anticipated by looking at the existing technology or prio

...