Posts Tagged: patentability requirements
CAFC Reverses PTAB Obviousness Finding, Clarifying Concepts of ‘Teaching Away’ and ‘Commercial Success’
The United States Court of Appeals for the Federal Circuit (CAFC) yesterday concluded that the Patent Trial and Appeal Board’s (PTAB’s) decision finding certain claims …
In Partial Reversal of Decision for Sony, CAFC Reiterates Patentees Need Not Prove Their Case at the Pleading Stage
On July 13, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed in part, reversed in part, and remanded the U.S. District Court for …
Disclosure Requirements in Software Patents: Avoiding Indefiniteness
How much detail is needed in a patent application for a software-based invention? Software patents present some unique challenges that many other kinds of patent applications do …
CAFC Denies Amgen Petition to Reconsider Enablement Test for Biotech Patents
On June 21, the United States Court of Appeals for the Federal Circuit (CAFC) denied a petition for rehearing and rehearing en banc filed by Amgen Inc., Amgen …
Patent Procurement and Strategy for Business Success Part III: Prosecution – Wielding an Invisible Hand
In the United States Patent and Trademark Office's (USPTO’s ) patent academy (or today’s version of such), patent examiners are taught that the objective of the …
Yu v. Apple Settles It: The CAFC is Suffering from a Prolonged Version of Alice in Wonderland Syndrome
Alice in Wonderland syndrome is a medical condition for which there is no known treatment. It causes a disturbance of perception and has a serious impact on …
Written Description in the Life Sciences: The Devil is in the Details
There is a quid pro quo under the U.S. patent laws. In exchange for disclosing her invention, an inventor receives a limited monopoly. Recent developments, however, …
CAFC Finds Certain Baxter Telepharmacy Claims Obvious, Reversing PTAB
On May 28, the United States Court of Appeals for the Federal Circuit (CAFC) reversed a decision of the Patent Trial and Appeal Board (Board), holding certain claims …
Biden is Missing an Opportunity at the USPTO
Intellectual property (IP) made modern vaccines possible. It took billions of dollars in private and public investments in research and development to be able to create, in …
Fit to Drive: Three Inspiring Office Action Responses from the USPTO’s Art Unit 3668
Every patent practitioner has faced the same obstacle — a client's application is assigned to an unfamiliar art unit. This presents two challenges: unfamiliarity with the examiners and …
Substitute/Cultivated Meat Technology: A Deep-Dive Patent Landscape Analysis
Meat substitute technologies and the growing industry based on those technologies have seen significant growth in recent years, from the number of startup companies to the amount …
High Court is Poised to Un-Muddy the Section 101 Waters Nearly Seven Years After Alice
Could the United States Supreme Court once again weigh in on Section 101 subject-matter eligibility? With the Court having asked for the views of the Solicitor General yesterday, …
CAFC Clarifies Section 103 Prior Art Enablement Requirement, Reverses PTAB Obviousness Finding
Last week, the U.S. Court of Appeals for the Federal Circuit (CAFC) reversed an inter partes review (IPR) decision from the U.S. Patent and Trademark …
In re Stanford: Ruined by a Processor and a Memory
Computer boilerplate – such as including “a processor and a memory” in claims – is commonplace in patent applications. However, the recent case of In re Stanford shows that …
International IP Index 2021: United States Remains Second in Patent Rankings, Global IP Framework Holds Strong Amid Pandemic
The U.S. Chamber of Commerce Global Innovation Policy Center (GIPC) released its ninth annual International IP Index yesterday, finding that the United States, Japan and Europe …
