Posts in Patentability


CAFC overturns jury verdict, patent obvious because prior art would yield a predictable result

Applying KSR, the Federal Circuit concluded that combining elements from the cited prior art would have yielded a predictable result, namely the system fan would activate periodically …
10 hours ago 0

Federal Circuit Affirms ‘Teaching Away’ and ‘Unexpected Results’ that Support Non-obviousness

The Federal Circuit affirmed. The asserted claims were not obvious because, although the claimed amounts (0.01% bimatoprost and 200 ppm BAK) fell within the range disclosed in the prior …
14 days ago 1

Ariosa is a Good Example of Outcome-Driven § 101 Decisions

The first and most critical task in most eligibility analysis is carefully and precisely defining the subject matter of the claims as well as the natural phenomenon …
19 days ago 34

A Simple Concept Within an Inventor’s Knowledge Does Not Make It Analogous Art

The issue was whether the disputed prior art is sufficiently “analogous” to the art of marking interface plates for it to be applied in a proper obviousness …
21 days ago 0

Thoughts on Ex parte Khvorova

Ex parte Khvorova is the first PTAB decision on patent eligibility in the life sciences. Until now, the PTAB has been remarkably silent on eligibility in life …
1 month ago 9

The looming patent nightmare facing the pharmaceutical industry

During the last hearing of the House Judiciary Committee there was an attempt to insert language via amendment that would make it impossible for Kyle Bass and …
2 months ago 17

Supreme Court applies stare decisis in patent case

Simply stated, any patent decision from the Supreme Court that cites stare decisis lacks all intellectual credibility given how arbitrarily and capriciously they have ignored their patent …
2 months ago 12

Naked Emperors: A Supreme Court Patent Tale

The idea that the Supreme Court is at all capable of understanding — let alone deciding — issues of a technical nature is ridiculous. Yet their individual and collective …
3 months ago 79

Retroactive changes to patent eligibility law suggest patents are not a property right

Changing the rules of the game is fundamentally unfair, which would be obvious to everyone if we were talking about football, soccer or playing a board game. …
5 months ago 28

The Unforeseen Impact of Alice

The fact is, patent examiners are struggling with the application of 35 USC 101 in light of the Alice decision just as much as everyone else. Greater uncertainty among …
5 months ago 59

Whether an innovation is embodied in software or hardware should be irrelevant

''Whether in a software product or to embody the invention in a hardware product, is often nothing more than a design choice. Whether an innovation is embodied …
6 months ago 7

Methods of Organizing Human Activities

Sadly, this is not an isolated case. I’ve seen similar rejections in a diverse (and utterly random) number of art areas and technologies ranging from predictive …
6 months ago 15