Posts Tagged: patent prosecution
PolarityTE stock tumbles, harassed by activist short seller misrepresenting Public PAIR data
Whether the Citron report is intentionally wrong for the purpose of causing PolarityTE stock to tumble, which it has, or whether it is recklessly wrong, or just …
Understanding U.S. Patent Prosecution
The journey to a patent begins much before actually filing the patent application, but this article, however, provides an overview of the patent application and patent prosecution …
Blockchain Patenting Strategies in view of the Berkheimer Decision
The same factual analysis required in Berkheimer under step 2B should apply to fundamental economic practice analysis of claims under step 2A. The questions have similar factual …
Federal Circuit Denies Petition for Rehearing En Banc in Xitronix Appeal on Walker Process Claims
On Friday, June 15th, the Court of Appeals for the Federal Circuit denied a petition for panel rehearing and rehearing en banc in Xitronix Corporation v. KLA-Tencor …
Creating Better Applications Through Patent Strengthening
Events along the prosecution process create multiple windows of opportunity for strengthening a portfolio. Decisions are based on indications of market adoption using evidence from specialized technical …
Patent Practitioner Training
You’ve passed the patent bar exam. Now what? Having a license to practice is just the beginning. What you need is a bridge between passing the …
Alternative Routes to Protection of Innovation
Every year different groups provide rankings of patent prosecution law firms and a company’s patent count for the year. Patent law firms will tout their rankings …
Predicting Future Patent Outcomes
In this article, I compute a “three-year grant rate” that shows the probability of obtaining a granted patent within three years of the first office action. This …
Strategic Prosecution: Mining Your Competitors Portfolio for Your Strategic Benefit
In this free webinar we will take a look at several examples of pre-emptive claiming, which when done properly can allow your client to obtain a set …
Incorporation By Reference Does Not Establish Priority
In an IPR brought by E*Trade in response to an infringement suit by Droplets, the Board found that the Droplets ‘115 patent was invalid due to obviousness. …
Patent Practitioner Training: Everything Patent Practitioners Need to Know
You’ve passed the patent bar exam. Now what? We have heard that question too many times to count over the years as we have collectively spent …
USPTO issues 101 guidance limiting examiner ability to merely conclude elements are well-known, convention or routine
The Notice is significant because in a 101 rejection, an examiner cannot simply assume that elements or a combination are "well understood, routine or conventional." Examiners will be …
Patent Prosecution Strategies for Building a Strong Patent Portfolio
Joining Gene will be Bob Stoll, former Commissioner for Patents at the USPTO and current partner at Drinker Biddle, Meredith Addy, a patent litigator and appellate attorney …
Federal Circuit Decisions Breathe New Life Into Alice Responses by Patent Prosecutors
While most commentary to date has focused on the implications for litigation, two recent Federal Circuit decisions have promising implications for patent prosecutors struggling to overcome conclusory …
Practical Tips for Increasing Patent Allowance
The first commandment of patent prosecution should be to know your patent examiner. To do this patent practitioners need to take into account examiner time constraints and …
