Posts Tagged: patent prosecution


Examining the USPTO’s Patents 4 Partnerships Platform

Intellectual property (IP) is a “bridge to collaboration” between companies, and not just a “weapon of competitive warfare.” The U.S. Patent and Trademark Office (USPTO) launched …

Defensive Publications: A Cost-Effective Tool to Supplement Your Patent Strategy

In a world of unlimited resources and intellectual property (IP) legal department budgets, all invention disclosures would lead to patent application filings. But this was not the …

File Your Patents and Trademarks NOW! COVID-19 Paves the Way for Filings at the USPTO

As businesses and offices prepare to reopen, the United States Patent and Trademark Office (USPTO) shows its ongoing support for innovation and entrepreneurship during the novel coronavirus …

Dear USPTO: Patents for Inventions by AI Must Be Allowed

On July 29, 2019, U.S. patent application serial number 16/524,350 was filed with the U.S. Patent and Trademark Office (USPTO), with the sole inventor identified as artificial intelligence …
By Kirk Hartung
15 days ago 36

Assessing the Impact of American Axle Six Months Out

Since the Supreme Court’s Alice decision in 2014, many patent prosecutors in Industrial & Mechanical Technologies practice groups have been spared the headaches that the decision created for …

Why We Need USPTO Examiners to Attend Inter Partes Reviews

Whoever wrote the America Invents Act (AIA) left out the U.S. Patent and Trademark Office (USPTO) examiners. The examiner on any given patent at issue in …
By Paul Hayes
24 days ago 39

USPTO COVID-19 Pilot Program Will Benefit Small Companies and Individual Inventors

On May 7, the U.S. Patent and Trademark Office (USPTO) published a Notice in the Federal Register regarding the implementation of a new pilot program for COVID-19 …
By Rebecca Tapscott
25 days ago 1

USPTO Shoots Down DABUS’ Bid For Inventorship

Last week, the United States Patent and Trademark Office (USPTO) issued a decision refusing to vacate a Notice of Missing Parts in U.S. Patent Application No.: 16/524,350 (…
By Rebecca Tapscott
1 month ago 49

Patent Office Improves Open Data Access to File Wrappers

Last week, the USPTO announced a public release of the Patent Center beta that will eventually replace PAIR and EFS-Web while providing improved access to prosecution histories …
By Thomas Franklin
1 month ago 3

A Look at the Data: USPTO Chief Economist Analyzes Effects of Section 101 Guidance on Predictability in New Report

The United States Patent and Trademark Office (USPTO) Chief Economist today released a report, “Adjusting to Alice: USPTO patent examination outcomes after Alice Corp v. CLS Bank …
By Eileen McDermott
1 month ago 9

A House Divided: Is the PTAB Ignoring the USPTO’s Section 101 Guidance?

The year 2019 was supposed to be when subject matter eligibility examination at the USPTO got better. First, the USPTO published Revised Patent Subject Matter Eligibility Guidance in …
By Nick Transier
2 months ago 11

CAFC Partially Reverses PTAB on Claim Construction Analysis, Says Prosecution History Matters

The Federal Circuit on Friday reversed the Patent Trial and Appeal Board’s decision holding certain claims of Personalized Media Communications, LLC’s (PMC’s) U.S. …
By Eileen McDermott
3 months ago 0

How the ‘Davids’ of the World Can Effectively Manage Their Companies’ Intellectual Property

I have often thought of the patent process as being like the car wash near my house – where you pull up to the entrance, to the point …
By Philip Goldman
3 months ago 25

Function and Structure in Computers: A Stakeholder’s View

As an independent inventor, I am greatly concerned about the new proposed Section 112(f) wording related to “functional claiming” that was put forward as part of the …
By Peter Lablans
3 months ago 40

Six Years After Alice: 61.8% of U.S. Patents Issued in 2019 Were ‘Software-Related’—up 21.6% from 2018

As an update to my posts from 2017 and 2019, it has now been more than six years since the U.S. Supreme Court’s 2014 Alice Corp. v. CLS …
By Raymond Millien
4 months ago 14