Posts Tagged: TC 3600


Is there a Tide-Change in the Prospects of Patenting Business Method Innovations?

In the years after the Alice decision, it had seemed as though examiners in the business method art units felt as though their hands were tied with …
By Kate Gaudry
7 months ago 8

Doc’s Orders: Analogize to Overcome Patent Eligibility Rejections

Taking a hint from what has worked before can give patent prosecutors an advantage. The question is then how to find such examples for use in forming …
By Andrew Gabriel
10 months ago 2

Alice on Dulany Street: How the PTAB handles 101 in ex parte appeals

In many of the decisions, the examiners and appellants had an opportunity to make arguments based on Alice before the PTAB reached a decision. Yet, the outlook …
By Eli Mazour & James Bennin
11 months ago 3

USPTO ‘judgment calls’ to blame for reopening prosecution after complete Board reversal

Robert Bahr, the Deputy Commissioner for Patent Examination Policy, responded that “hindsight is great,” and went on to explain that they thought that the rejections that were …
By Gene Quinn
1 year ago 53

Steps the PTO must take to address low quality patent examination

While any system should always aspire to provide better quality, the patent system included, patent quality is a two way street that requires the Office to look …
By Gene Quinn
1 year ago 14

The Anatomy of a Bogus Alice Rejection

First, this type of circular "logic" is at the heart of virtually all Alice rejections. Here the examiner concludes there is nothing significantly more than the judicial …
By Gene Quinn
1 year ago 15

Alice Experts and the Return of Second Pair of Eyes to the PTO

In every art unit examiners confirm that there is an examiner within the Art Unit who is the Alice expert and that examiners have said that even …
By Gene Quinn
1 year ago 64

Prosecution reopened: Examiners stop applicants from appealing

Due to a bizarre jurisdictional “feature,” the Board does not actually get jurisdiction over a case until either a Reply Brief has been filed or the time …
By Gene Quinn
1 year ago 26

Administrative Purgatory: Waiting 14 months and counting for action after Board reverses examiner

Delay, frustrate, harass and ignore patent applicants. Issue frivolous rejections if necessary, but reject at all costs. If the Board issues a complete reversal just reopen prosecution. …
By Gene Quinn
1 year ago 17

Are patent examiners instructed to issue frivolous rejections?

So an applicant waits years on appeal to get relief from frivolous rejections, achieves a complete and total victory, and their reward is another bogus rejection from …
By Gene Quinn
1 year ago 44

The Impotence of the Patent Trial and Appeal Board

What is happening in TC 3600 is prosecution is being re-opened for the purpose of issuing Alice rejections. With the help of readers, so far I’ve found …
By Gene Quinn
1 year ago 79

E-Commerce Art Units: Where Patent Applications Go to Die

Upon closer review things are much, much worse than I previously reported. The problem is also far more widespread. Using LexisNexis Patent Advisor®, I looked at the …
By Gene Quinn
1 year ago 108

What the Patent Office Refuses to Understand

This new post-prosecution pilot program feels a lot like rearranging the chairs on the Titanic. Unless and until the Patent Office does something about recalcitrant patent examiners …
By Gene Quinn
1 year ago 81

Avoiding Alice Rejections with Predictive Analytics

The disparity between the art units is confused even more so when we consider the total number of Alice rejections in each art unit, rather than just …
By Sarah Garber
2 years ago 10

The Most Likely Art Units for Alice Rejections

While Alice rejections can be found all over the USPTO, roughly two-thirds of them are found in TC 3600. Only TC 2900 has not had any Alice rejections. Looking …
By James Cosgrove
2 years ago 10