Posts Archive


The Business Responsible Approach to Inventing

There really is no one-size-fits-all approach to inventing that can be claimed to be a road-map to success that will work in all cases. Notwithstanding, there are …
By Gene Quinn
4 years ago 1

Inventing 101: Protecting Your Invention When You Need Help

So how do you decide whether you have a mere idea or a conception that is on the road to a full blown invention? That is a …
By Gene Quinn
4 years ago 2

Remembering Nuijten and Comisky 5 Years Later

On Thursday, September 20, 2007, the United States Court of Appeals for the Federal Circuit issued two decisions that provoked much debate, and which deserve to be remembered. The …
By Gene Quinn
4 years ago 14

Copyright Issues on the Legislative Agenda for 2012-2013

Though they are unlikely to take center stage during the truncated session before elections or the post-election lame duck session, lawmakers will have to contend with several …

Historic Patent Reform Implemented by USPTO

The most significant reform to the U.S. patent system in more than a century took a major step forward at 12:01 am Sunday, as numerous provisions of …
By U.S.P.T.O.
4 years ago 7

In Search of Cloud Computing Patents

So what is going on with these research Studies that seek only U.S. patents? It would seem that based on the specific details of some of …
By Gene Quinn
4 years ago 0

USPTO Changes Format and Links to MPEP

Not only can't you find the relevant MPEP sections you are looking for through a Google search, but you also cannot find the relevant statutes or CFR …
By Gene Quinn
4 years ago 7

AIA Rules: Citation of Prior Art and Estoppel in Reexamination

In order for one to file a statement of the patent owner in Federal court the submissions must: (1) Identify the forum and proceeding in which patent owner …
By Gene Quinn
4 years ago 1

RMail v. Amazon.com: Can Invalidity Based on 35 U.S.C. § 101 Be Properly Raised as a Defense in Litigation?*

As pointed out astutely by RMail is that the Supreme Court jurisprudence on patent-eligibility under 35 U.S.C. § 101 have primarily involved ex parte prosecution appeals from the …
By Eric Guttag
4 years ago 3

Supplemental Examination at the USPTO

At the conclusion of the supplemental examination if the certificate issued indicates that a substantial new question of patentability is raised an ex parte reexamination will be …
By Gene Quinn
4 years ago 9

Divided Infringement Uncertain Despite en banc Ruling by CAFC

Recently the Federal Circuit has been interpreting 25 U.S.C. 271(b) to mean that unless the accused infringer directs or controls the actions of the party or …
By Gene Quinn
4 years ago 1

Santarus v. Par Pharmaceutical: Rader and Newman Disagree on Written Description Support for Negative Limitations

Last week the Federal Circuit decided the case of Santarus, Inc. v. Par Pharmaceutical, Inc., which dealt with whether a drug covered by an Abbreviated New Drug …
By Gene Quinn
4 years ago 13

First Inventor to File: USPTO Derivation Proceedings Go Final

Section 42.405(c) provides that a derivation is not sufficiently shown unless it is supported by substantial evidence. This includes at least one affidavit addressing communication and lack …
By Gene Quinn
4 years ago 11

Apple v. Samsung: Jury Verdict Lacks Sufficient Detail To Support Enhanced Damages

The relative paucity of design patent jurisprudence regarding the legal remedy of damages and the equitable remedy of an accounting for the infringer’s profits, makes clear …
By Richard Redano
4 years ago 1

New Oath & Declaration Rules at the USPTO

One of the primary objectives of the America Invents Act (AIA) was to streamline the filing and prosecution of patent applications. Under the AIA, the oath or …
By Stephen Harper, Ph.D.
4 years ago 2