Posts Tagged: patent prosecution


Federal Circuit Denies Petition for Rehearing En Banc in Xitronix Appeal on Walker Process Claims

On Friday, June 15th, the Court of Appeals for the Federal Circuit denied a petition for panel rehearing and rehearing en banc in Xitronix Corporation v. KLA-Tencor …
By Steve Brachmann
16 hours ago 0

Creating Better Applications Through Patent Strengthening

Events along the prosecution process create multiple windows of opportunity for strengthening a portfolio. Decisions are based on indications of market adoption using evidence from specialized technical …
By Martin Bijman
2 days ago 0

Patent Practitioner Training

You’ve passed the patent bar exam. Now what? Having a license to practice is just the beginning. What you need is a bridge between passing the …
By Gene Quinn
3 days ago 0

Alternative Routes to Protection of Innovation

Every year different groups provide rankings of patent prosecution law firms and a company’s patent count for the year.  Patent law firms will tout their rankings …
By Robert Stoll
8 days ago 59

Predicting Future Patent Outcomes

In this article, I compute a “three-year grant rate” that shows the probability of obtaining a granted patent within three years of the first office action. This …
By Jeff O’Neill
23 days ago 15

Strategic Prosecution: Mining Your Competitors Portfolio for Your Strategic Benefit

In this free webinar we will take a look at several examples of pre-emptive claiming, which when done properly can allow your client to obtain a set …
By Gene Quinn
1 month ago 0

Incorporation By Reference Does Not Establish Priority

In an IPR brought by E*Trade in response to an infringement suit by Droplets, the Board found that the Droplets ‘115 patent was invalid due to obviousness. …

Patent Practitioner Training: Everything Patent Practitioners Need to Know

You’ve passed the patent bar exam. Now what? We have heard that question too many times to count over the years as we have collectively spent …
By Gene Quinn & John White
2 months ago 8

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
2 months ago 22

Patent Prosecution Strategies for Building a Strong Patent Portfolio

Joining Gene will be Bob Stoll, former Commissioner for Patents at the USPTO and current partner at Drinker Biddle, Meredith Addy, a patent litigator and appellate attorney …
By Gene Quinn
2 months ago 0

Federal Circuit Decisions Breathe New Life Into Alice Responses by Patent Prosecutors

While most commentary to date has focused on the implications for litigation, two recent Federal Circuit decisions have promising implications for patent prosecutors struggling to overcome conclusory …

Practical Tips for Increasing Patent Allowance

The first commandment of patent prosecution should be to know your patent examiner. To do this patent practitioners need to take into account examiner time constraints and …
By Gene Quinn
4 months ago 0

The Unpredictable Prospects of Patenting Cancer Innovation

Art Unit 1618 and 1621 are both identified as relating to “organic compounds – part of the class 532-570 series.” However, the patenting probability for cancer related applications is markedly …
By Kate Gaudry & Rodney Rothwell
4 months ago 5

Drafting Quality Patents: Avoiding 112 Rejections at the USPTO

The value of a patent, for better or worse, is related to the likelihood that it could be successfully defended against challenges. In the past it was …
By Renee C. Quinn
4 months ago 0

Admissions as Prior Art in a Patent: What they are and why you need to avoid them

So what is an admission? A statement made during patent prosecution identifying the work of another as prior art is called an admission. Admissions can and will …
By Gene Quinn
4 months ago 11