Gene Quinn

Gene Quinn

Gene Quinn is a Patent Attorney and Editor and President & CEO ofIPWatchdog, Inc.. Gene founded IPWatchdog.com in 1999. Gene is also a principal lecturer in the PLI Patent Bar Review Course and Of Counsel to the law firm of Berenato & White, LLC. Gene’s specialty is in the area of strategic patent consulting, patent application drafting and patent prosecution. He consults with attorneys facing peculiar procedural issues at the Patent Office, advises investors and executives on patent law changes and pending litigation matters, and works with start-up businesses throughout the United States and around the world, primarily dealing with software and computer related innovations. is admitted to practice law in New Hampshire, is a Registered Patent Attorney and is also admitted to practice before the United States Court of Appeals for the Federal Circuit. CLICK HERE to send Gene a message.


Posts by Gene Quinn


Supreme Court decides Helsinn v. Teva, Secret Sale Qualifies as Prior Art Under the AIA

n a relatively short, unanimous decision authored by Justice Thomas, the Court begins by explaining that twenty-years ago in Pfaff v. Wells Electronics, Inc., 525 U.S. 55, 67 (1998) the …
By Gene Quinn
30 days ago 20

Motivation to Combine Unnecessary Under Section 103 if Secondary Reference Does Not Supply Element or Teaching

On January 10, the Federal Circuit issued an opinion affirming a decision of the Patent Trial and Appeal Board (PTAB) invalidating several claims of U.S. Patent No. 6,597,812 (…
By Gene Quinn
1 month ago 10

How Can I Sell an Idea for Profit? Unlocking the Idea-Invention Dichotomy

Selling an idea and waiting for lottery-like winnings to arrive at your doorstep seems to be the American dream. It is certainly the dream of every inventor, …
By Gene Quinn
1 month ago 6

Smells Like Trademark Infringement: Nirvana Sues Over Smiley Face Logo

On December 28, 2018, the limited liability company representing famed Seattle-area grunge rock band Nirvana sued clothing designer Marc Jacobs and fashion retailers Neiman Marcus and Saks Fifth Avenue …
By Gene Quinn & Steve Brachmann
1 month ago 1

No Debate: Article III Standing is a Requisite to Appeal an IPR

On January 11, GKN Automotive LTD. filed a brief in opposition to a petition for writ of certiorari filed by JTEKT Corporation. The question JTEKT seeks to have …
By Gene Quinn
1 month ago 2

Sherry Knowles Scrutinizes an Activist Supreme Court and its Unconstitutional Approach to Patent Eligibility

The Supreme Court has brazenly admitted it is not following Congress’ statutory instructions on patent eligibility in several cases. And it has carried out virtually none of …
By Gene Quinn
1 month ago 67

In Pursuit of the Hardest, Riskiest and Most Valuable Innovation

As IBM was preparing to announce yet another milestone achievement, this year receiving 9,100 U.S. patents in 2018, I had the opportunity to sit down for an on …
By Gene Quinn
1 month ago 0

PTAB Grants Additional Briefing to Consider the Impact of USPTO’s Revised 101 Guidance

The PTAB not only assented to Mirror Imaging’s suggestion that a five-page brief be entered in advance of the hearing but added that parties may submit …
By Gene Quinn & Steve Brachmann
1 month ago 8

Software Patent Drafting Lessons from the Key Lighthouse Cases

Obtaining a U.S. software patent is still harder than it was five years ago, but studying these "lighthouse" cases can improve one's chances of success. While …
By Gene Quinn
1 month ago 3

Don’t Dismiss State Street: Ancora Decision Reiterates Relevance of Concrete and Tangible Test for Software

Judge Rich was attempting to articulate a test that would allow the decision maker to determine whether there is in fact an innovation; an invention that we …
By Gene Quinn
1 month ago 14

Exclusive: A Conversation on Self Driving Vehicles at the EPO with Roberta Romano-Götsch

During our previous interview Ms.Romano-Götsch mentioned that the EPO would be soon releasing a study on self driving vehicles. I expressed interest in speaking with …
By Gene Quinn
2 months ago 1

PTAB Says Alphabet is No Real Party-in-Interest With Google

Who stands to gain if Google prevails? Well, Google certainly, but so too does Alphabet, which is precisely why Alphabet is a real party-in-interest under any fair …
By Gene Quinn
2 months ago 14

Keeping a Good Invention Notebook Still Makes Good Sense

It is worth remembering, however, that an invention notebook is not just for proving when you invented aspects of your invention, which will rarely if ever be …
By Gene Quinn
2 months ago 5

Continuing to Pursue Claim Construction Arguments Does Not Make Case Exceptional

The Federal Circuit recently affirmed the decision of the Federal District Court for the District of Minnesota denying attorney fees to Wright Medical Technology, Inc. Spineology, Inc. …

Revised Patent Eligibility Guidance Effectively Defines What is an Abstract Idea

In essence, by narrowly identifying certain subject matter groups as being those that properly qualify for characterization as abstract ideas the USPTO is effectively defining what is …
By Gene Quinn
2 months ago 30