Monthly Archives: May 2012

Who is a Small Entity to the U.S. Patent Office?

MPEP 509.02 refers to 37 CFR 1.21(a), which in turn defines a small entity under 13 CFR 121.801 through 121.805 for purposes of paying reduced fees at the USPTO. Under MPEP 509.02(a)(2), a “small business concern” is one that: (i) Has not assigned, granted, conveyed, or licensed, and is under no obligation under contract or […]

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Texas and Washington Attorney Demographics

Some interesting numbers appeared in the May 2012 issue of the Texas Bar Journal. According to an audit, there are about 89,987 attorneys in Texas. Given that Texas has about 25.7 million people, that equates to about 286 people per attorney. In contrast, Spokane, Washington (according to a recent Washington Bar publication) has about 1780 […]

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Word-based Trademarks Do Not Lose Strength when Identified with Manufacturer Name

On 16 March 2012, the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) reversed a decision of the Trademark Trial and Appeal Board (TTAB) dismissing tire manufacturer Bridgestone’s opposition to the registration of the mark MILANZA for use with tires. The Federal Circuit found that the mark MILANZA did not lose its strength […]

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Cautionary Tale of Using Patents to Extend Protection of One Cholesterol-lowering Drug, Tricor

The Washington Post recently (20 April 2012) published an article titled, “Want to cut health care costs, start here.”  A small change in prescribing cholesterol-lowering drugs would save Americans $700 million a year. The story is heavily excerpted below, and has been the subject of many blog posts. Every year, Americans pay $700 million more […]

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