Posts Archive


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
1 month ago 1

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
1 month ago 22

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
1 month ago 22

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
1 month ago 39

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 month 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 month 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
1 month 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
1 month ago 5

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 …
By Gene Quinn & Steve Brachmann
1 month ago 3

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
1 month 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
1 month 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
1 month 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
1 month ago 1