Posts Tagged: novelty


Patent Prosecution: 35 U.S.C. § 112(a) Must Be Raised Before a § 102 or § 103

Logically, if the application does not describe an invention in terms that allows one skilled in the art to make and use it, then the Patent Office …
By Dale B. Halling
7 years ago 20

The Impact of the America Invents Act on the Definition of Prior Art

While the search for prior art won't likely be impacted, the value of the prior art located will be dramatically impacted according to Ken Hattori, partner in …
By Gene Quinn
7 years ago 8

Patentability Overview: When can an Invention be Patented?

Unfortunately, the patentability requirements are frequently misunderstood, including by the United States Supreme Court. For many who are not well versed in patent law one of the …
By Gene Quinn
8 years ago 4

The Law of Recipes: Are Recipes Patentable?

In most cases the typical recipe for a "killer Margarita" or "the best barbeque sauce ever" will not be patentable, but the only way to know for …
By Gene Quinn
8 years ago 16

The America Invents Act’s Repeal of Secret Commercial Use Bar is Constitutionally Infirm

The effort to shoehorn foreign patent priority concepts and torture a well-developed 200 year-old American patent system that has a proven record as the best in the world …

The Constitutional Underpinnings of Patent Law

The United States Constitution grants to the Congress the power to grant patents; this power residing in the Congress is found in Article I, Section 8, Clause 8. Unlike …
By Gene Quinn
9 years ago 8

Business Methods: Concrete & Tangible Description a Must

In order to have a patentable business method it is necessary for the invention to accomplish some practical application. In other words, in order for a business …
By Gene Quinn
9 years ago 13

There is No Prior Art for My Invention

I frequently am told by inventors that they have searched the marketplace and cannot find anything like their invention. I am also frequently told that they have …
By Gene Quinn
9 years ago 6

The Business Responsible Approach to Inventing

I continually preach to inventors the need to follow what I call a "business responsible" approach, which is really just my way of counseling inventors to remember …
By Gene Quinn
9 years ago 2

Apple Seeks Patents on Travel, Hotel and Fashion Apps

Earlier this week Apple, Inc. had three patent application publish on what most would consider strange, overbroad and/or dubious inventions. The patents largely follow the same …
By Gene Quinn
9 years ago 6

Patent Reform Should Preserve a Real 1 Year Grace Period

There is absolutely no reason why we cannot change from a first to invent system to a first inventor to file system that would still retain a …
By Gene Quinn
10 years ago 2

The Risk of Not Immediately Filing a Patent Application

Everyone views the world through a prism, and the prism I look through is different than the prism others look through.  That should hardly come as a …
By Gene Quinn
10 years ago 8