Posts in Patents


The Anatomy of a Bogus Alice Rejection

First, this type of circular "logic" is at the heart of virtually all Alice rejections. Here the examiner concludes there is nothing significantly more than the judicial …
By Gene Quinn
34 minutes ago 0

Courts Answer Key Questions Over the Reach of the BPCIA

Two recent Federal Circuit opinions provide some answers to the issues presented by complaints alleging non-compliance with the BPCIA. In Amgen Inc. v. Sandoz Inc., the Federal …

Alice Experts and the Return of Second Pair of Eyes to the PTO

In every art unit examiners confirm that there is an examiner within the Art Unit who is the Alice expert and that examiners have said that even …
By Gene Quinn
1 day ago 4

Uber IP: A primer on the patents, trademarks and copyrights owned by Uber

Uber has also obtained design patent protection for its user interfaces. The user interfaces would not be eligible for protection under trademark law, therefore, design patent protection …
By Audrey Ogurchak
2 days ago 1

NASA releases 56 patents to public domain, creates searchable database portal for commercial spin-offs

NASA released 56 formerly-patented technologies to the public domain so that they can be used by commercial enterprises prior to their expiration. Patents released by NASA into the …
By Steve Brachmann
3 days ago 0

Federal Circuit Vacates District Court’s Determination on Personal Jurisdiction

Polar argued on appeal that the district court erred in finding that Suunto did not have sufficient contacts in Delaware. The Court agreed with Polar. The Court …

Demand Driven Patent Acquisition: Time to get busy

My view is we have reached a time of strategic purchasing that we not seen or experienced previously. Here's why: If you want to know the future, …
By John White
4 days ago 2

After Cuozzo, Congress Must Take Back the Ball

While the Supreme Court spoke clearly and unanimously on the issue in Cuozzo, this hardly means the standard to be applied to claim construction in IPRs has …
By Jonathan Tropp
4 days ago 8

Message from the USPTO: It’s Patent Prosecution, not Persecution

Examiners are not supposed to think about the nebulous areas of 101, 102, or 103, nor are they to interpret case law from judicial opinions. Instead, the USPTO has already …
By Raina Haque
4 days ago 35

Prosecution reopened: Examiners stop applicants from appealing

Due to a bizarre jurisdictional “feature,” the Board does not actually get jurisdiction over a case until either a Reply Brief has been filed or the time …
By Gene Quinn
5 days ago 26

Administrative Purgatory: Waiting 14 months and counting for action after Board reverses examiner

Delay, frustrate, harass and ignore patent applicants. Issue frivolous rejections if necessary, but reject at all costs. If the Board issues a complete reversal just reopen prosecution. …
By Gene Quinn
6 days ago 16

Are patent examiners instructed to issue frivolous rejections?

So an applicant waits years on appeal to get relief from frivolous rejections, achieves a complete and total victory, and their reward is another bogus rejection from …
By Gene Quinn
7 days ago 42

Immersion Corp v. HTC Corp: CAFC affirms filing continuation on day parent issues

In large part, the CAFC was concerned with the possible disruption of overturning long-standing PTO practice and the reliance placed on it by practitioners, and this respect …
By John M. Rogitz
7 days ago 0

The Impotence of the Patent Trial and Appeal Board

What is happening in TC 3600 is prosecution is being re-opened for the purpose of issuing Alice rejections. With the help of readers, so far I’ve found …
By Gene Quinn
8 days ago 77

Pittsburgh startup files patent suit over educational toys against UK firm with Zuckerberg ties

Primo’s response of the ‘427 patent is evidence of a dismissive attitude towards someone else’s intellectual property right. Again not shocking, but what is interesting is …
By Steve Brachmann
8 days ago 0