Posts Tagged: Patentability


Introduction to Patent Prosecution: Patent Practice for Beginners

You’ve passed the patent bar exam. Now what? Having a license to practice is just the beginning. This is why Gene Quinn and John White designed …
By Gene Quinn
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Introduction to Patent Prosecution: Patent Practice for Beginners

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
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Patent Practice Training: An Introduction to Patent Prosecution

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
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AI Patents Make a Comeback at USPTO, Finance Patents Are Still Struggling

Artificial Intelligence (AI) patents have made a strong comeback under the new 2019 Revised Patent Subject Matter Eligibility Guidance. As the first graph above shows, allowances per office …
By Mark Nowotarski
6 hours ago 4

Federal Circuit Reverses Patent Ineligibility Finding at Pleading Stage in Natural Alternatives

In Natural Alternatives Int'l, Inc. v. Creative Compounds, LLC, the Federal Circuit reversed the decision of the United States District Court for the Southern District of California, …

What the PTAB’s Precedential Decisions on Live Testimony and Substitute Claims Mean for PTAB Litigation

On Monday, March 18, 2019, the Patent Trial and Appeal Board (PTAB) designated three decisions as precedential. Two of the three decisions—K40 Electronics LLC v. Escort Inc. (“K40 …
By Apurv Gaurav
2 days ago 3

Alice is Due for Reversal: Science Proves Its Reasoning Unsound

Since the 2014 Supreme Court decision in Alice v. CLS Bank International, patent claims including software have faced a much higher barrier for receiving patents than any other …
By David Reardon & Gene Quinn
5 days ago 11

Senate IP Subcommittee Hears Testimony from Iancu, Debates Hot-Button IP Issues

On the afternoon of Wednesday, March 13, the Senate Judiciary Committee’s Subcommittee on Intellectual Property held an oversight hearing of the U.S. Patent and Trademark Office …
By Steve Brachmann
6 days ago 0

Congressman Steve Stivers on the STRONGER Patents ACT, USPTO Reforms, and the State of U.S. Innovation

Representative Steve Stivers (R-OH) and Representative Bill Foster (D-IL) introduced the Support Technology & Research for Our Nation’s Growth and Economic Resilience (STRONGER) Patents Act, which would …
By Gene Quinn
7 days ago 16

EFF Trolls the Patent Office with ‘Save Alice Campaign’

The Electronic Frontier Foundation (EFF) is at it again, this time with what they refer to as a Save Alice campaign. The EFF does not like the …
By Gene Quinn
15 days ago 22

Post-Myriad Legal and Policy Considerations for Patenting Genetic Inventions

The U.S. Supreme Court’s 2013 ruling in Association for Molecular Pathology v. Myriad Genetics changed the landscape of what is considered patentable material in the context …

Congress is Trying to Fix 101: To Do So, They Must Overrule Mayo

The state of patent eligibility in America is shocking. Between the passage of the 1952 Patent Act and 2012, when the U.S. Supreme Court decided Mayo Collaborative Services …
By Gene Quinn
19 days ago 34

What Happens to Diagnostic Method Patents After Athena?

I am sure that the justices of the Supreme Court did not anticipate the confusion they created when they issued their controversial decision in Alice Corporation v. …
By Robert Stoll
20 days ago 5

A Plea to All IP Stakeholders: Support Director Iancu’s Efforts to Restore the Value of U.S. Patents

USPTO Director Andrei Iancu’s 2019 Revised Patent Subject Matter Eligibility Guidance promises to virtually eliminate the greatest patent problem of our time. If implemented properly by the …
By Mark Marrello
21 days ago 25

As Momentum For a 101 Fix Builds on Capitol Hill, A Look at the Revived Senate IP Subcommittee’s Leadership

Last week, Senator Chris Coons (D-DE) and Senator Thom Tillis (R-NC)—respectively, Ranking Member and Chair of the Senate Judiciary Committee’s Subcommittee on Intellectual Property, which …