This week, we are pleased to have a guest post from John L. Cordani, Jr.  John is a member of Robinson+Cole’s Manufacturing Industry Team and regularly counsels clients on intellectual property issues involving patent procurement, licensing, and litigation.

For the past several years, the patent offices in the United States and Mexico have operated under a type of patent examination fast-tracking and work-sharing agreement known as a Patent Prosecution Highway (PPH). This agreement between the United States Patent and Trademark Office (USPTO) and the Mexican Institute of Industrial Property (IMPI) was set to expire in June of this year, and the status of the program going forward was uncertain.

But on January 28, the Offices announced a new agreement that promises to improve upon the PPH system by creating an even “more streamlined approach” to obtaining a Mexican patent once a corresponding U.S. patent is granted than that presently offered under the PPH. Read the full article on IPWatchdog.com

This week, we are pleased to have a guest post from John Cordani.  John is a member of Robinson+Cole’s Manufacturing Industry Team and regularly counsels clients on intellectual property issues involving patent procurement, licensing, and litigation.

It is no secret that the competitive edge of U.S.-based manufacturers is often predicated, at least in large part, on technological innovation and the patents that protect them. The broader the patents, the better. Usually the only significant obstacle faced by manufacturers trying to obtain broad patent rights was ensuring that their patents were still narrow enough to be new and non-obvious in light of the known technologies in the industry. Most manufactures are not used to considering whether their innovations are not eligible for patent protection in the first place. After all, in order to be patent eligible, an invention need only be drawn to a “new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof.” Since the statute explicitly calls out “manufactures” as eligible for patenting, manufacturers might be forgiven for believing that their patents would easily satisfy this standard. Not so, says the Federal Circuit. Continue Reading Manufacturers are Not Immune to Claims that their Inventions are Patent-Ineligible

Manufacturers generally understand the importance of utility patents and branding in protecting their creations from unfair competition and confusion of their customers. But the power of the design patent sometimes goes overlooked. While the United States Patent Office has issued over ten million numbered utility patents, it has not yet reached the one-million-mark on design patents. My suggestion to manufactures: consider both for any new product because recent federal decisions may make it very worth your while. Continue Reading The Increasing Strategic Importance of Design Patents