Posts By: Colin Cahoon

C&C Diversity News

Carstens & Cahoon continues to lead the Texas IP pack in the promotion of diversity and diversity initiatives.  Earlier this year, Carstens & Cahoon was recognized by PepsiCo Inc. as a part of PepsiCo’s outside counsel diversity initiatives for the firm’s demonstrated commitment to increasing diversity and inclusion in the legal profession at PepsiCo’s annual… Read more »

Thinking Inside the Box

Spurred on by reports of US companies fleeing overseas to avoid high US corporate tax rates, the idea of developing a “patent box” program similar to programs recently adopted in several European countries has surfaced on this side of the pond.  A “patent box” offer companies lower tax rates on income derived from locally based… Read more »

The Highway Goes Global

Followers of our newsletter are familiar with the evolution of the Patent Prosecution Highway (“PPH”), from bilateral agreements providing for the acceleration of a patent examination in the office of second filing after the office of first filing finds allowable subject matter, to PCT PPH which allows the same acceleration based on a favorable examination… Read more »

Prior Art Recapture Under the AIA – What You Don’t Know Can’t Help You

by Colin P. Cahoon

Often overlooked when discussing the myriad changes wrought by the America Invents Act (AIA), 35 USC Section 102(b)(2)(C) deserves close scrutiny by any company that hires potential inventors or that enters into joint development agreements with third parties. This new provision created by the AIA provides such companies with a powerful tool for removing potentially harmful prior art from consideration by the USPTO against patent applications that such companies might file in the future. To work properly, though, 102(b)(2)(C) needs to be considered when negotiating a joint development agreement and when first hiring any new potential inventor employees.

The Patent Prosecution Highway Takes a New Direction

By Colin P. Cahoon

In a prior article, we reported on the Patent Prosecution Highway (“PPH”) program developed to promote fast-track patent examination procedures and allow patent offices from around the world to take advantage of work already done by other offices. The PPH was one of the initiatives that was undertaken by the USPTO to help with the always increasing load of patent examinations.

Can I Patent My Teddy Bear?

By Colin P. Cahoon

Years ago a non-patent lawyer colleague of mine told me that he had been asked by one of his clients if it was possible to obtain patent protection on the client’s new stuffed animal design.  “There was nothing special about what the stuffed animal did or how it was made.  It just looked like, you know, a variation on a teddy bear.  The client wanted to know if we could get a patent on the look of this fluffy creation, and I said ‘No.’”  I informed my colleague that he needed to call the client back and revise his answer, because he had just given bad advice.