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Daniel Feigelson
I'm an Israel-based patent practitioner who practices before both the Israel and U.S. Patent Offices
Recent Activity
In late 2017 we wrote about how a deal involving technology developed at the Weizmann Institute resulted in litigation between two former friends and scientific collaborators, and how the case illustrates the difference between conceiving an idea and commercializing that idea. Now it turns out that the underlying deal, between... Continue reading
Posted 4 days ago at America-Israel Patent Law
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On August 6 DNC assigned 31 marks associated with Yosemite National Park to Yosemite Hospitality LLC, which is the subsidiary of Aramark that now runs the concessions at YNP. These presumably will be assigned back to National Parks Service when Aramark’s concession ends in 2031 or thereabouts. Thus comes to... Continue reading
Posted Aug 18, 2019 at America-Israel Patent Law
Subject matter eligibility under 35 USC §101, and the requirements for compliance with the written description and enablement requirements of 35 USC §112, have been areas of rapid legal development for several years. Unfortunately, these areas remain in flux: in the past year, the USPTO has issued new §101 and... Continue reading
Posted Aug 15, 2019 at America-Israel Patent Law
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My brothers and I were active in the Boy Scouts of America in our youth, our father was active both in his youth and then later through much of his adult life, and our maternal grandfather, like the three of us and our father, was also an Eagle Scout in... Continue reading
Posted Aug 8, 2019 at America-Israel Patent Law
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Presentations will include the latest info on §101 and §112. Stay tuned for more info... Continue reading
Posted Jul 21, 2019 at America-Israel Patent Law
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Earlier today, the US National Parks Service announced that it had settled a suit brought by the previous concessionaire at Yosemite National Park, Delaware North (DNC). Although the announcement didn't mention a dollar amount, other news sources put the figure at $12 million, far less than what DNC had initially... Continue reading
Posted Jul 15, 2019 at America-Israel Patent Law
Interesting theory, Paul. We'll see if an allowance is forthcoming after we respond.
Wow. Maybe this is a trend, and/or a new memo was circulated among the examiners telling them to call in these situations. Thanks for sharing that.
It’s not unusual for a patent applicant to lose interest in an application. I see this most often in the context of failed clinical trials for a new drug; without a product to protect, there’s usually no reason to continue to pursue patent protection for that product. But there can... Continue reading
Posted Jul 2, 2019 at America-Israel Patent Law
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Once upon a time, universities didn’t pay much attention to IP. That has changed over the years. When I was a kid growing up in Ann Arbor in the late 1970’s, the athletic director at the University of Michigan was considered a pioneer and a marketing genius, but it wasn’t... Continue reading
Posted Jun 30, 2019 at America-Israel Patent Law
I’ve written a few times on this blog about problems encountered with the USPTO’s pre-examination processing team (see e.g. here ), and have engaged in extensive discussions about these problems on Carl Oppedahl’s listservs. The main issue is that there are numerous ways in which an application can be defective,... Continue reading
Posted May 31, 2019 at America-Israel Patent Law
The ILPTO announced today that as of May 1, 2019, it will be a part of WIPO’s Digital Access Service. (An announcement to this effect appeared on WIPO’s site more than a week ago, on March 11.) This means that patent applicants who file in Israel who claim priority from... Continue reading
Posted Mar 20, 2019 at America-Israel Patent Law
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The USPTO's computer systems are just that - a collection of different systems. Some of these systems talk to each other, i.e. are linked together and share data more fully than others systems talk to each other. Among these different systems are separate public databases for patents (searchable by multiple... Continue reading
Posted Feb 15, 2019 at America-Israel Patent Law
In response to January 17's post, an alert reader who wishes to remain anonymous pointed out that part of 8(d) of the APAI's "code of ethics" would seem to preclude an Israeli patent practitioner from listing himself an a "applicant of convenience" on a PCT application. For the uninitiated, an... Continue reading
Posted Jan 19, 2019 at America-Israel Patent Law
This is the third installment discussing a situation in which patent practitioner X listed himself as an inventor on an application he drafted and filed on behalf of Z, assigned all his rights to Z, and was then asked by by Y, the practitioner to whom the case was subsequently... Continue reading
Posted Jan 17, 2019 at America-Israel Patent Law
Yesterday I wrote about an interesting situation: patent practitioner X listed himself as an inventor on an application he drafted and filed on behalf of Z, and assigned all his rights to Z. X was asked by Y, the practitioner to whom the case was subsequently transferred, to confirm in... Continue reading
Posted Jan 16, 2019 at America-Israel Patent Law
This is the first of several posts about an interesting situation. X is a patent practitioner here in Israel. He’s a very smart guy, and he’s one of the straightest arrows I know. Y is also a patent practitioner here in Israel. Y holds a senior position in a Big... Continue reading
Posted Jan 15, 2019 at America-Israel Patent Law
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Filed a payment at the ILPTO on December 21. Just now received the submission confirmation: The USPTO EFS issues these kind of receipts immediately, and has done so since it went online in 2006. Continue reading
Posted Dec 30, 2018 at America-Israel Patent Law
We’ve blogged before about the ILPTO’s policy for suspending examination of patent applications. In particular we noted how its collection of fees for such suspension is ultra vires, and how a better approach, within the ILPTO’s authority, would be allow applicants to delay their response to pre-examination letters by up... Continue reading
Posted Dec 18, 2018 at America-Israel Patent Law
Not long ago we filed a continuation application at the USPTO, the most recent installment in a chain of applications. The applications all have the same specification and drawings. All were published in pre-grant format, several patents have already issued and published by the USPTO, and the immediate predecessor application... Continue reading
Posted Sep 27, 2018 at America-Israel Patent Law
Due a major computer glitch, from August 15 through the 23rd inclusive, users of the USPTO’s PAIR system for monitoring patent applications, as well as its electronic filing system (EFS), were unable to access data on applications or to electronically file documents, including new applications. There’s much that could be... Continue reading
Posted Aug 31, 2018 at America-Israel Patent Law
On Friday a panel of the Federal Circuit (Judges Dyk, Moore and Reyna) ruled that sovereign immunity does not shield Indian Tribes from patent challenges via the inter partes review mechanism. In a nutshell, the panel noted that (a) Congress must explicitly waive tribal sovereign immunity, but (b) that’s only... Continue reading
Posted Jul 22, 2018 at America-Israel Patent Law
Gru: "We stole the Statue of Liberty! ... The small one from Las Vegas." USPS: uses an artist's version of the Statue of Liberty - the small one from Las Vegas - on a postage stamp without the artist's permission. In the movie, I don't think Gru had to pay... Continue reading
Posted Jul 6, 2018 at America-Israel Patent Law
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It's 11 PM. I try to log into the ILPTO's EFS, and I get this message: But I know I've got the correct URL, so I click on "continue to this website". Whereupon I get this screen: "This page under construction". There's no notice of a planned system outage anywhere... Continue reading
Posted Jun 28, 2018 at America-Israel Patent Law
Six years ago I wrote about Judge Rader of the CAFC and praised his reversing his position on a particular issue; judges don't always admit to mistakes in their jurisprudence, let alone seek to correct those mistakes given the opportunity. Yesterday in South Dakota v Wayfair, Inc. et al., a... Continue reading
Posted Jun 21, 2018 at America-Israel Patent Law