Last 24 Hours

USPTO memo explains changed Alice Step 2B to examiners

Yesterday the USPTO issued subject matter eligibility guidance to its examining corps in a memorandum that changes how examiners approach their Alice Step 2B analysis. Specifically, the …
By John M. Rogitz
2 hours ago 1

Commerce Secretary ready to push update to tech transfer laws to ensure greater commercialization

Secretary Ross gave an unequivocal endorsement of Bayh-Dole specifically, and more generally saying laws need to be updated to address business and technology realities of today, and …
By Gene Quinn
7 hours ago 0

CAFC Upholds Section 101 Invalidity Finding on Rule 12(b)(6) Motion, Nixing Patents Covering App Management

On Monday, April 9th, the Court of Appeals for the Federal Circuit upheld the invalidity of a series of patents asserted against the American subsidiary of Japanese …
By Steve Brachmann
9 hours ago 6

USPTO issues 101 guidance limiting examiner ability to merely conclude elements are well-known, convention or routine

The Notice is significant because in a 101 rejection, an examiner cannot simply assume that elements or a combination are "well understood, routine or conventional." Examiners will be …
By Gene Quinn
22 hours ago 13

Are fewer continuations the sign of a healthy patent system?

Hirshfeld explained to me that he is well aware of all of the portfolio reasons why continuations are very important, but the Office does really want to …
By Gene Quinn
23 hours ago 21

More Recent Posts

Innovative Use of Patent Examiner Statistics Improves Efficiency and Strengthens Portfolios

We recently handled an application in which the examiner rejected the independent claims as obvious in view of six references from a variety of different fields. Submitting …
By Robert Jensen
1 day ago 1

USPTO Director Andrei Iancu Discusses Patentability of Algorithms, PTAB Proceedings at Senate Judiciary Committee

Sen. Harris followed up by asking whether algorithms were mathematical representations of laws of nature. “You’re getting right to the heart of the issue,” Iancu said. …
By Steve Brachmann
1 day ago 19

Director Iancu tells Senate: 101 is an issue “we must all address”

"The PTO we will work to provide more concrete tests – to the extent possible given Supreme Court precedent," Director Iancu said speaking about patent eligibility. "This is …
By Gene Quinn
2 days ago 19

How to Customize Your Prosecution Strategy for Your Examiner

What would you change about your prosecution strategy if you knew more about your assigned examiner’s behavior and could identify cases that require extra care and …
By IPWatchdog
2 days ago 4

Increases in Innovation, Patent Boom Leads to Development in China

The patent boom China has been experiencing is easy to explain. China as a country has been unwavering in its support for domestic patent production in recent …

IPWatchdog Seeks to Hire One or More Law Students for Summer

IPWatchdog.com is seeking to hire one or more part-time law students with an interest in intellectual property. We are looking for individuals with strong research and …

USPTO Director Iancu Makes Surprise Appearance at Inventor Conference

"We are focused on delivering reliable and predictable IP rights," Director Iancu told the Inventor Group Presidents gathered at the Patent Office as he addressed them to …
By Gene Quinn
3 days ago 16

Samsung Galaxy Smartphones Targeted in Infringement Case Over Secure Device Authentication Patents

Texas-based patent owner PACid Technologies filed a complaint alleging patent infringement committed by South Korean consumer electronics giant Samsung (KRX:005930). The case, filed in the Eastern District …
By Steve Brachmann
3 days ago 0

Federal Circuit Allows USPTO to Defend Appeal from Inter Partes Reexamination

In Knowles Elecs. LLC v. Iancu, Knowles appealed the inter partes reexamination decision of the Board, which affirmed an examiner’s finding that certain claims were anticipated …

Director Iancu speaks of Wright Brothers as champions of innovation, not villains

Here is what Director Iancu had to say about the Wright Brothers: "At my swearing-in, I remarked that through the doors of the U.S. Patent and …
By Gene Quinn
4 days ago 13

A Look At Facebook Patents Covering ‘Big Brother’ Data Collection Technologies

Facebook users continue to be shocked at the amount and kind of data being collected by the social media platform, including recent reports about call and SMS …
By Steve Brachmann
4 days ago 1

Negotiating Your First Big Tech Software License

One of the critical moments in the life of a start-up tech company is landing its first big contract with a giant tech company. That first tech …
By Mitchell Stein
4 days ago 2

Protecting Trade Secrets in Europe – An Update

With the June 9 deadline for national implementation fast approaching, we surveyed colleagues in our other European offices to check the state of play in their jurisdiction. The …
By Robert Williams & Toby Bond
5 days ago 0

Are Today’s Social Media Tech Giants the Big Brother that Orwell Warned Us About?

Dystopian novels and science fiction often return to the subject of the loss of personal privacy which is often encouraged by the use of technology enabling constant, …
By Steve Brachmann
5 days ago 4

Claimed and prior art ranges must have meaningful difference for nonobviousness

Patent claims can recite a numerical range and a patent can be awarded based on the novelty and nonobviousness of the claimed range. Normally, compositions are claimed …
By James Yang
5 days ago 3