Posts Tagged: patentability requirements
Supreme Court Denies Trading Technologies, ChargePoint Petitions
The U.S. Supreme Court today denied two petitions for certiorari filed by Trading Technologies and one by ChargePoint, Inc. asking the Court to review their cases …
Background Pitfalls When Drafting a Patent Application
Generally speaking, the first section of a patent specification will be the Background. The Manual of Patent Examination and Procedure (MPEP) recommends that the Background be broken …
Eight Tips to Get Your Patent Approved at the EPO
Patent prosecution can sometimes seem to be a rather byzantine process. As with anything, the more you understand, the better prepared you will be for the strategic …
CAFC Affirms District Court Judgment on Coffee Cartridge Patents
On January 13, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision affirming the District Court’s judgment of invalidity as to …
Reflections on Denial of Cert in Athena Diagnostics
I was at the JP Morgan Healthcare Conference when I learned a week ago that the Supreme Court of the United States (SCOTUS) had denied Athena Diagnostic’…
How to Help Data Scientists Overcome Their Patent Doubts
When discussing patentable inventions with data scientists, I often hear them dismiss their inventions under arguments such as these: “We’re using the same tools as everyone …
The Supreme Court is More Interested in Being Right Than Shedding Light on 101
Yesterday was a dark day for patent eligibility in America. The United States Supreme Court denied certiorari in five more petitions relating to patent eligibility challenges. Based …
Latest IFI CLAIMS Report Shows U.S. Patent Grants Are Up 15% Over 2018
U.S. patent grants grew by 15% from 2018 to 2019, with IBM heading the pack for the 27th consecutive year, according to IFI CLAIMS Patent Services’ 2019 report. There were 333,530 …
CAFC Affirms District Court Finding that Hospira Precedex Patent Claim is Obvious
On January 9, the Court of Appeals for the Federal Circuit (CAFC) affirmed a decision of the U.S. District Court for the Northern District of Illinois, holding …
EPO and UKIPO Refuse AI-Invented Patent Applications
The European Patent Office has refused two European patent applications that designated an artificial intelligence called DABUS as the inventor, following a non-public hearing on November 25, 2019. The …
CAFC Reverses PTAB Non-Obviousness Decision in Finding for Google
On January 6, the U.S. Court of Appeals for the Federal Circuit (CAFC) reversed the Patent Trial and Appeal Board’s (PTAB) decision that Google failed to …
TQ Delta Reminds Me: May We Dispense with the Puzzle Simile?
In KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398 (2007), the United States Supreme Court discussed legal principles of obviousness in the patent context. Justice Anthony Kennedy wrote …
Federal Circuit Affirms Decision Finding Zohydro ER Patents Obvious
On December 27, U.S. Court of Appeals for the Federal Circuit (CAFC) Judge Jimmie Reyna authored an opinion affirming the U.S. District Court for the District …
A Plea for Clarity and a New Approach on Section 101 in 2020
The lack of clarity by the U.S. Supreme Court in its landmark patent case of Alice Corp. v. CLS Bank International, 573 U.S. 208; 134 S. Ct. 2347 (2014) and …
The Top Five European IP Developments of 2019—and Five to Watch for 2020
As the year winds down, IPWatchdog is running a series of articles on the top stories of 2019 and what’s ahead for the year to come. In …
