Posts in Patents


If Exceptions to 101 Are Codified, Patent Eligibility Chaos Will Be Worse

The Framework rolled out by Congress last week to fix Section 101 law in the United States will not improve the current 101 disaster. It codifies current exceptions and …
By Paul Morinville
16 hours ago 5

The Washington Post Misses the Mark on March-In Rights

The National Institute of Standards and Technology recently indicated in its "Return on Investment Initiative draft green paper" that it would issue regulations effectively ending attempts to …
By Joseph Allen
2 days ago 2

This Week in D.C.: Think Tanks Discuss U.S.-China Diplomacy, AI’s Effects on American Jobs and the Government Software Supply Chain

Capitol Hill remains quiet this week as both the U.S. House of Representatives and Senate enter a second straight week of work periods. Technology and innovation …
By IPWatchdog
2 days ago 0

Hurricane Maria Delivered the Injury to Puerto Rico, But New Tax on Foreign IP Delivered the Insult

The year 2017 proved to be a difficult one for the territory of Puerto Rico. Even before Hurricane Maria hit in September of that year, the island was …
By Franco Galbo
2 days ago 1

Inventor Asks Supreme Court to Review CAFC Decision on MPEP Rule Allowing Reopening of Examination After Appeal

On April 10, inventor Gilbert Hyatt and the American Association for Equitable Treatment (AAET) filed a petition for writ of certiorari with the U.S. Supreme Court asking …
By Steve Brachmann
3 days ago 1

An Entrepreneur’s Guide to Navigating California’s Complex Cannabis Industry

As of now, ten states have legalized recreational cannabis. Twenty-one other states allow medicinal use of cannabis, many of which are expected to legalize recreational cannabis in …
By Dr. Dariush Adli
4 days ago 0

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
5 days ago 9

Reactions Roll in On Congress’s Proposed 101 Framework: ‘The Right Approach’ or ‘A Swing and a Miss’?

Yesterday, members of congress announced in a press release a proposed framework to fix patent eligibility law in the United States.Reactions to the framework were mixed. …
By Eileen McDermott
6 days ago 62

Cheekd Follow-Up: Pirri Responds, Cheek Implores Nadler to Help Curb U.S. Patent Abuses

Earlier this week we reported on Lori Cheek, an independent inventor who is defending herself for the second time against accusations brought by Alfred Pirri, Jr. of …
By IPWatchdog
6 days ago 1

A Story of Ethics and Optics: Former PTAB Judge Matt Clements Now Works for Apple

IPWatchdog recently learned that Apple, Inc. has hired former Administrative Patent Judge Matt Clements. Although Clements’ LinkedIn profile does not reflect the fact that he has left …
By Gene Quinn
7 days ago 18

Change May Be Coming: Members of Congress Release Framework to Fix Patent Eligibility Law

In a promising indication that there is real momentum on The Hill to fix Section 101 law, several Senators and Representatives today proposed a framework for addressing 101-related …
By Eileen McDermott
7 days ago 18

Invest Pic v. SAP America, Inc. Amicus Brief Takes on CAFC’s ‘Physical Realm’ Test

Among the seven amicus curiae briefs filed Monday with the U.S. Supreme Court in InvestPic, LLC, v. SAP America, Inc., Eagle Forum Education & Legal Defense Fund’…
By James Edwards
7 days ago 7

How U.S. Patent and Litigation Abuse Can Deter Small Inventors: The Story of Cheekd

In one more example of ways the U.S. patent system can be stacked against the small inventor, we have the story of Lori Cheek, who more …
By Eileen McDermott
8 days ago 10

Federal Circuit Vacates and Remands District Court’s Infringement and Willfulness Findings in Omega Patents v. CalAmp

On April 8, the Court of Appeals for the Federal Circuit issued a precedential decision in Omega Patents, LLC v. CalAmp Corp. that reversed and vacated a district …
By Steve Brachmann
9 days ago 1

Matching Patents to Products: Determining Which Patents Will Be Implemented in Real-World Commercial Products

An important part of any patent portfolio manager’s work is to understand which patents are likely to be implemented in real-world technology. We can think of …
By Christopher Young
9 days ago 0