Posts Tagged: novelty

Is it Time To Amend 101?

Rather than the drastic measure of abolishing § 101, such as that proposed by previous USPTO Director Kappos, we think that a simple change to § 101 that removes the confusing …

What is a patent and where do patent rights come from?

A patent is a proprietary right granted by the Federal government pursuant to laws passed by Congress. The Congressional power to authorize patents is found in Article …
By Gene Quinn
8 months ago 2

First to File Means File First! The Risk of Not Immediately Filing a Patent Application

When people say that inventors do not need to start with a patent application and can wait to file I cringe. It is not that this is …
By Gene Quinn
10 months ago 1

The importance of a quality patent search for strategic monetization of innovation

Properly used, a qualified search can be one of the most cost-effective and valuable tools a company can have to not only capture and create innovation, but …

Why it is unnecessary to open the patent system

Chien argues that it is impossible for someone to donate their technology without fearing that another will get a patent on it and defeat the well-meaning donation …
By Gene Quinn
1 year ago 59

I Can’t Find Prior Art for My Invention

It is absolutely critical to understand that a reference, such as an issued patent or published patent application, does not need to be identical to an invention …
By Gene Quinn
3 years ago 12

Hamilton Beach Brands v. Sunbeam Products: CAFC Says Manufacturer Supplying Innovator Creates a pre-AIA 102(b) Sale

The issue of interest in this case centered around whether there was a pre-AIA 102(b) on-sale bar. You might expect such issues not to be worthy of …
By Gene Quinn
3 years ago 4

Patent Prosecution: 35 U.S.C. § 112(a) Must Be Raised Before a § 102 or § 103

Logically, if the application does not describe an invention in terms that allows one skilled in the art to make and use it, then the Patent Office …
By Dale B. Halling
4 years ago 20

The Impact of the America Invents Act on the Definition of Prior Art

While the search for prior art won't likely be impacted, the value of the prior art located will be dramatically impacted according to Ken Hattori, partner in …
By Gene Quinn
4 years ago 8

Patentability Overview: When can an Invention be Patented?

Unfortunately, the patentability requirements are frequently misunderstood, including by the United States Supreme Court. For many who are not well versed in patent law one of the …
By Gene Quinn
4 years ago 4

The Law of Recipes: Are Recipes Patentable?

In most cases the typical recipe for a "killer Margarita" or "the best barbeque sauce ever" will not be patentable, but the only way to know for …
By Gene Quinn
5 years ago 16

The America Invents Act’s Repeal of Secret Commercial Use Bar is Constitutionally Infirm

The effort to shoehorn foreign patent priority concepts and torture a well-developed 200 year-old American patent system that has a proven record as the best in the world …

The Constitutional Underpinnings of Patent Law

The United States Constitution grants to the Congress the power to grant patents; this power residing in the Congress is found in Article I, Section 8, Clause 8. Unlike …
By Gene Quinn
5 years ago 8

Business Methods: Concrete & Tangible Description a Must

In order to have a patentable business method it is necessary for the invention to accomplish some practical application. In other words, in order for a business …
By Gene Quinn
6 years ago 13

There is No Prior Art for My Invention

I frequently am told by inventors that they have searched the marketplace and cannot find anything like their invention. I am also frequently told that they have …
By Gene Quinn
6 years ago 6