Posts Tagged: patentability requirements


Lessons from an Independent Female Inventor: Today’s Patent Laws Preclude ‘SUCCESS’

It has been one year since my software patent was invalidated in the U.S. District Court for the Southern District of New York.  Now, this intellectual …
By Paula Murgia
27 days ago 16

Recent PTAB Decisions Provide a Roadmap for Combating Broadest “Unreasonable” Interpretation

As I have previously reported on KSJ Law, the Patent Trial and Appeal Board (PTAB) issued 80 decisions on appeals in October, and reversed the examiner in 24 of …
By Kim Jordahl
1 month ago 12

Some Overlooked Holiday Treats in the STRONGER Patents Act

It’s that time of the year—Halloween candy is still lingering in bowls, turkey and dressing is tantalizingly close, holiday cheer abounds. While winter skies are …
By Paul Vickers Storm
1 month ago 11

The Search for the ‘Inventive Concept’ and Other Snipe Hunts

Everybody in the patent world is talking about the latest atrocity from the Federal Circuit known as the American Axle decision, but few actually appreciate the true …

‘It Is a Mess’: Recapping the U.S. Patent System’s Race Toward Uncertainty

What I tried to do for this presentation is figure out in about seven or eight minutes how I could convey to you what's really going on …
By Gene Quinn
1 month ago 9

Federal Circuit Invalidity Determination for Idenix Underscores Continuing Intra-Circuit Split

One day before the now-famous Arthrex decision was issued, the U.S. Court of Appeals for the Federal Circuit (CAFC) decided an appeal by Idenix Pharmaceuticals LLC …
By Nancy Braman
1 month ago 2

The Final Plea for 101 Sanity? Athena Amici Ask Supreme Court to Clean Up U.S. Patent Eligibility Mess

November 1 was the deadline for filing amicus briefs to the U.S. Supreme Court, which is considering whether to grant a petition for writ of certiorari to …
By Steve Brachmann
1 month ago 5

What to Know About the 2019 European Patent Office Guidelines for Examination

The European Patent Office (EPO) recently published its Guidelines for Examination 2019, which came into force on November 1. Compared to previous years, the volume of changes is much …
By Andrea Perronace
1 month ago 0

Panelists Warn Senate IP Subcommittee Against Drastic Measures on Patent Quality

The Senate Judiciary Committee’s Subcommittee on Intellectual Property, headed by Senator Thom Tillis (R-NC), yesterday heard from five witnesses on ways to improve patent quality at …
By Eileen McDermott
1 month ago 16

Practical Tips for Drafting Patent Applications After American Axle & Manufacturing Inc. v. Neapco Holdings

The United States Court of Appeals for the Federal Circuit decided on October 3 to affirm the ruling by the United States District Court for the District of …
By Christopher Hall
1 month ago 17

Trading Technologies, ChargePoint Ask High Court for Help with Federal Circuit’s Conflicted Approach to Patent Eligibility

Trading Technologies International, Inc. (TT) has filed a second petition with the U.S. Supreme Court asking it to review a Federal Circuit holding that computer-implemented inventions …

To Truly Help the USPTO, Congress Must First Stabilize Patent Law

The Senate Judiciary Committee’s Subcommittee on Intellectual Property is holding a hearing on October 30 to discuss the quality of patents issued by the USPTO. This hearing …
By Russell Slifer
2 months ago 12

Google Fails to Overturn PTAB Decision Upholding Koninklijke Philips Patent Claims at Federal Circuit

On October 23, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed a decision of the Patent Trial and Appeal Board (PTAB) that Google failed …
By Nancy Braman
2 months ago 1

Patent Eligibility of Diagnostic Tools: Utility as the Key to Unlocking Section 101

A petition for certiorari was filed on October 1 in the case of Athena Diagnostics v. Mayo Collaborative Services asking the question: "Whether a new and specific method …
By N. Scott Pierce
2 months ago 26

What Every Patent Attorney Should Teach Their Entrepreneur-Inventor Clients About the Patent Process

Navigating the patent process can often be challenging and filled with subtleties and nuances for the entrepreneur-inventor, especially for first-time filers. Having a trusted patent attorney who …
By Eric Giler
2 months ago 29