Posts Tagged: novelty
Patent Eligibility of Diagnostic Tools: Utility as the Key to Unlocking Section 101
A petition for certiorari was filed on October 1 in the case of Athena Diagnostics v. Mayo Collaborative Services asking the question: "Whether a new and specific method …
Standard Essential Patents: Statistics and Solutions to the Real Party in Interest Problem
As I noted in part one of my talk at the IPWatchdog Patent Masters Symposium, the validity statistics for SEPs do not look very good at first …
Understanding the Difference Between Preemption and Novelty/Nonobviousness
Recently, the United States Court of Appeals for the Federal Circuit (“the Federal Circuit”) issued its opinion in Solutran, Inc. v. Elavon, Inc., 2019-1345, 2019-1460 (Fed. Cir., …
Crocs loses inter partes reexam, will appeal rejection of design patent for ornamental footwear
Boulder, CO-based shoe manufacturer Crocs, Inc. (NASDAQ:CROX) had a design patent rejected by the U.S. Patent and Trademark Office. The patent struck by the USPTO …
The Problem of Reducing Patentability to Novelty
Ironically, judicial decisions on patent eligibility tend to depend on inventiveness, with tests of originality that tend to refer to novelty, reducing the issue of patentability to …
Patentability: The Novelty Requirement of 35 U.S.C. 102
Essentially, §102 requires the patent applicant to demonstrate that the invention is new. In essence, in order for a claimed invention to violate this "newness" requirement it must …
Flexible problem-solution analysis for drafters with Europe in mind
The problem-solution paradigm has become a cornerstone of patentability in Europe. If the invention cannot be reduced to the format of a technical solution to a technical …
The quest for patent quality: European inventive step and US obviousness
In Europe and the US, patentability depends on a showing of inventiveness that is based on similar legal requirements but practice differs substantially and the resulting patent …
Is it Time To Amend 101?
Rather than the drastic measure of abolishing § 101, such as that proposed by previous USPTO Director Kappos, we think that a simple change to § 101 that removes the confusing …
What is a patent and where do patent rights come from?
A patent is a proprietary right granted by the Federal government pursuant to laws passed by Congress. The Congressional power to authorize patents is found in Article …
First to File Means File First! The Risk of Not Immediately Filing a Patent Application
When people say that inventors do not need to start with a patent application and can wait to file I cringe. It is not that this is …
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 …
Why it is unnecessary to open the patent system
Chien argues that it is impossible for someone to donate their technology without fearing that another will get a patent on it and defeat the well-meaning donation …
I Can’t Find Prior Art for My Invention
It is absolutely critical to understand that a reference, such as an issued patent or published patent application, does not need to be identical to an invention …
Hamilton Beach Brands v. Sunbeam Products: CAFC Says Manufacturer Supplying Innovator Creates a pre-AIA 102(b) Sale
The issue of interest in this case centered around whether there was a pre-AIA 102(b) on-sale bar. You might expect such issues not to be worthy of …
