Daniel Hanson

Daniel Hanson

Daniel Hanson is an attorney who has worked with a number of law firms and corporations, including BlackBerry Ltd. in Canada. His practice focuses upon patent preparation and prosecution.


Posts by Daniel Hanson


Focusing on the Details: What Two Recent USPTO Matters Can Teach Us About Patentability Analyses

Two matters currently pending before the United States Patent and Trademark Office illustrate the consequences of focusing upon details of a claim rather than upon the claimed …
By Daniel Hanson
3 months ago 3

‘Now We Know’ – Lessons in Preserving Constitutional Error Before the USPTO

In 2019, the issue of preservation of constitutional arguments before the USPTO, which had basically been dormant for a decade, was abruptly and dramatically revived. Now the subject …
By Daniel Hanson
3 months ago 5

TQ Delta Reminds Me: May We Dispense with the Puzzle Simile?

In KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398 (2007), the United States Supreme Court discussed legal principles of obviousness in the patent context. Justice Anthony Kennedy wrote …
By Daniel Hanson
6 months ago 15

Proving a Negative Claim Limitation: A Tale of Three Nonprecedential Cases

In the past 10 months, the issue of proving negative claim limitations has cropped up on appeals to the Federal Circuit. At least three panels of the Federal …
By Daniel Hanson
10 months ago 31

Are All Safety-Related Inventions Obvious After Celgene?

The case of Celgene Corp. v. Peter, Nos. 2018-1167 et al. (Fed. Cir. July 30, 2019) has drawn attention for its decision that inter partes review (IPR) may be …
By Daniel Hanson
11 months ago 17

Don’t Let Experts Testify as to Obviousness

When obviousness of a patent claim is at issue, some experts may opine along these lines: "Therefore, the subject matter of claim 1 would have been obvious before …
By Daniel Hanson
12 months ago 16

Arguing Device-and-Method Eligibility Under the Present and Future States of U.S. Patent Law

Here's the hypothetical: A patent application has been filed for a new medical device. The device reads various physiological signals from a patient and presents, with previously …
By Daniel Hanson
1 year ago 11

Distinguishing Colloquial Obviousness and Legal Obviousness

Have you ever worked with a lay inventor who had a hard time dealing with obviousness under U.S. patent law? Many patent lawyers have. It is …
By Daniel Hanson
1 year ago 8

How to Be an Effective Advocate When Responding To Examiners

You're a patent prosecutor. You've just received an office action. The examiner has rejected your claims. You think the examiner got it wrong. On the technical issues, …
By Daniel Hanson
1 year ago 10

Sounds Fishy: Can Broadening Language Actually Be Limiting?

In a previous essay, I discussed a U.S. Supreme Court case that had nothing to do with patent law, but that patent practitioners may wish to …
By Daniel Hanson
1 year ago 1

Elgin v. Dept. of the Treasury and Preserving Constitutional Issues Before the USPTO

Those who practice in the field of patents tend to focus almost exclusively upon developments in patent law and pay less attention to developments in other areas …
By Daniel Hanson
1 year ago 1