Posts Tagged: patent prosecution
AI Versus Manual Patent Searching: How a Hybrid Approach Can Optimize Success
With the forecasted growth of global Artificial Intelligence (AI) market size, it is evident that AI is quickly becoming the solution to most software and service needs. …
Deep Learning: Tracking the Growth of an Emerging Technology
In 2015, I spotted what I thought might be an emerging technology: deep learning. Because of my engineering education, I was able to go up the “deep learning” …
DABUS Defeated Again—But Judges Divided
The England and Wales Court of Appeal has upheld lower rulings that two patent applications designating an artificial intelligence called DABUS as the inventor were deemed to …
U.S. Embassy Failures, COVID-19 Travel Restrictions, Keep Attorney Working on COVID-19 Technology Out of United States
Surely there can be no greater national interest to the United States than to allow each and every single person working to solve the COVID-19 pandemic to …
Importance of Accurate Translation of Non-English Priority Patent Applications
Can a U.S. patent be invalidated due to an inaccurate translation of the non-English priority patent application? The answer is most definitely “Yes.” This article examines …
Building High-Quality Patent Portfolios in the United States and Europe: Part III – Examiner Interviews
In Part I of this series we discussed how patent portfolio managers should be careful when generating company-owned prior art or reviewing competitor prior art, and how …
Tillis and Leahy Urge USPTO to Address Inconsistent Prior Art Statements by Patent Applicants at the FDA
On Thursday, September 9, Senators Thom Tillis (R-NC) and Patrick Leahy (D-VT) sent a letter addressed to Drew Hirshfeld, performing the functions and duties of the Director of …
USPTO’s Patent Quality and Pendency Programs are Bearing Fruit
According to Strategic Goal 1 of the United States Patent and Trademark Office’s (USPTO’s) FY2020 Performance and Accountability Report (PAR), the USPTO is committed to high-quality …
It’s All in the Hardware: Overcoming 101 Rejections in Computer Networking Technology Classes
Technologies such as computer networking, which, unlike software inventions, typically incorporate at least some hardware elements, may be less vulnerable to rejection under the U.S. Supreme …
Building High-Quality Patent Portfolios in the United States and Europe: Part I – Intervening Prior Art
One ingredient that distinguishes a good patent portfolio from a great patent portfolio can be the synergistic strength of its U.S. and European patent family members. …
In Win For Google, CAFC Holds Patentees May Not Bend Claim Terms to Fit Their Needs
On August 26, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed the decision of the United States District Court for the District of Delaware, …
In First Half of 2021, 63% of U.S. Patents, 48.9% at EPO and 40.1% in China Were Software-Related
As an update to my posts from 2017, 2019, 2020, and March 2021, it has now been 86 months since the U.S. Supreme Court’s 2014 Alice Corp. v. CLS Bank decision. …
Experimental Data: A Key Element of Brazilian Medical Use Claims
There is no doubt that it is a challenge to design a patent protection strategy for a new medical use (for example, a new disease to be …
Drafting AI Patents: Challenges and Solutions
Artificial Intelligence (AI) is the latest buzzword across all sectors. Every tech and non-tech company is vigorously filing, strategizing or planning to enter the AI patent domain. …
Humanizing Technology: Back to Basics on DABUS and AI as Inventors
With South Africa’s patent office having recently granted the first patent to an AI inventor, and an Australian court ruling in favor of AI inventorship, it’…
