Posts Tagged: prior art

Negating Hindsight Reconstruction: A Logical Framework

It is well known that hindsight reconstruction is an insidious error that infects patent prosecution. The Federal Circuit has noted that it is a difficult task to …
By Peter Kramer
3 hours ago 0

The China Syndrome: How recent developments in Chinese patents affect U.S. applicants

Chinese patents and patent applications are citable as prior art in most Western countries if they meet the usual criteria regarding publication dates of the cited patent …
By Manuel Fortin
11 days ago 7

Anticipating Expansion of Intervening Disclosures Under the AIA

Although what qualifies as art under the AIA can be distilled to disclosures before a patent application, both pre-AIA and AIA created exceptions for intervening disclosures in …
By Keith Fredlake
1 month ago 0

The America Invents Act Five Years Later: Reality, Consequences and Perspectives

At exactly 11:42am on September 16, 2011, President Barak Obama signed the America Invents Act into law. As President Obama put his pen down he said: “All right guys, …
By Gene Quinn
2 months ago 22

Is Enfish Much Ado About Nothing?

Enfish bothers me. The Federal Circuit decision puts forth some great phrases, but I am concerned that Enfish will not be as useful as hoped in overcoming §101 …
By Scott Zimmerman
5 months ago 15

Supreme Court to Weigh in on Damages for Design Patent Infringement

Recent decisions from the U.S. Court of Appeals for the Federal Circuit regarding damages available in design patent cases highlight the court’s divergence from its …
By Charlene Morrow & Sapna Mehta
5 months ago 0

The patent system will survive, but not thrive over the short term

Bruce Kisliuk: ''Those with more resources have some advantages in any litigation. That’s one reason a patent right is important, it can level that playing field …
By Gene Quinn
10 months ago 1

Searching the Art Behind Innovation

For many innovations, in addition to doing a traditional patent search it will be of the utmost importance to search European and east Asian literature, particularly literature …
By Stephan Sangwon Kim
12 months ago 2

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 …

CAFC Says Prior Art Reference Sufficiently Enabled Based on Applicant Admissions

As applied to Morsa’s application, the Court found that the specification made numerous admissions regarding the knowledge of a person of skill at the time of …

USPTO changes method for correcting foreign priority claims

Because the AIA does make foreign priority claims relevant, the USPTO will now require that any correction of the identification of the foreign application (by application number, …
By Gene Quinn
1 year ago 4

USPTO denies Kyle Bass IPR patent challenge against Acorda Therapeutics

The USPTO declined to initiate an inter partes review of two patents owned by Acorda Therapeutics, Inc. Acorda patents were challenged by the Coalition for Affordable Drugs, …
By Gene Quinn
1 year ago 5

A Simple Concept Within an Inventor’s Knowledge Does Not Make It Analogous Art

The issue was whether the disputed prior art is sufficiently “analogous” to the art of marking interface plates for it to be applied in a proper obviousness …

The Myth of the 18-Month Delay in Publishing Patent Applications

Starting in November 2000, the USPTO started publishing patent applications 18 months after their earliest filing date. So the simple assumption is that you file a patent and 18 months …
By John F. Martin
1 year ago 8

Patent Drafting: Identifying the Patentable Feature

Without a patent search you will invariably describe all aspects of the invention with equal importance, although we know from experience that there will always be certain …
By Gene Quinn
2 years ago 4