Posts Tagged: Patentability


IPW Course: Patent Practice Training: Intro to Patent Prosecution

You’ve passed the patent bar exam. Now what? Having a license to practice is just the beginning. This is why Gene Quinn and John White designed …
By Gene Quinn
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Iancu Calls for Section 101 Fix in Address to AIPPI Congress

USPTO Director Andrei Iancu said “something has to be done about” Section 101, as it has been thrown into flux following various U.S. Supreme Court cases, in …
By James Nurton
12 hours ago 4

Beyond the Slice and Dice: Turning Your Idea into an Invention

The patent process actually starts well before you file a patent application or seek assistance from a patent attorney. Every patent application starts with an invention, and …
By Gene Quinn
1 day ago 3

Trading Technologies Asks Supreme Court to Restore Congress’ Purpose in Creating the Patent Act

Trading Technologies International, Inc. (TT) has filed a petition for certiorari with the U.S. Supreme Court asking it to clarify U.S. patent eligibility law, including …
By IPWatchdog
4 days ago 22

A Step Forward for the STRONGER Patents Act

The bipartisan STRONGER Patents Act of 2019 took an important step forward last week, as the Senate Judiciary Subcommittee on Intellectual Property held a hearing on the proposed …
By Brian Pomper
5 days ago 6

Federal Circuit Upholds PTAB Finding that Frymaster’s Patent is Not Obvious

The U.S. Court of Appeals for the Federal Circuit (CAFC) decided an appeal by Henny Penny Corporation (HPC) on September 12 involving HPC’s inter partes review (…
By Nancy Braman
5 days ago 1

Other Barks & Bites, Friday, September 13: CASE Act Moves Out of Committee, Iancu Discusses SEPs and PTAB Designates Two Decisions as Precedential

This week in Other Barks & Bites: the Federal Circuit issued precedential decisions regarding secondary considerations of non-obviousness, limits to design patents and collateral estoppel of antitrust claims …
By IPWatchdog
9 days ago 0

If You Want to Protect Your Business Method, Reframe It as a Technical Invention

The most effective way to protect an inventive business method is with a patent on a technical invention. Ever since the U.S. Supreme Court’s 2014 Alice …
By Mark Nowotarski
19 days ago 9

Federal Circuit Is Hesitant to Construe Patent Claims in the First Instance on Appeal

The Federal Circuit recently vacated and remanded a decision by the Northern District of California granting a motion on the pleadings that claims related to “toolbars” on …

‘Substantially Equivalent’ Disclosure May Satisfy Written Description Requirement Under Certain Circumstances

The Federal Circuit recently affirmed in part and reversed in part a district court decision holding that Actavis Laboratories FL, Inc.’s (“Actavis’s”) generic Abbreviated New …

Alice: Benevolent Despot or Tyrant? Analyzing Five Years of Case Law Since Alice v. CLS Bank: Part I

It’s been five years since the Supreme Court remade the law of patent eligibility in Alice Corp Pty Ltd v. CLS Bank Int’l. As we …
By Robert Sachs
24 days ago 15

Latest Federal Circuit Ruling on 101 Strikes Down Mallinckrodt Method of Treatment Claims; Newman Dissents

In the most recent exploration of Section 101 by the Federal Circuit, Chief Judge Sharon Prost authored a non-precedential opinion holding the claims of a patent for a …
By IPWatchdog
24 days ago 4

Damage to Our Patent System by Failure to Honor the U.S. Legal Framework: Double Patenting

As the summer winds down, it is time again to focus on how to fix the U.S. patent system. In June, the Senate Judiciary’s IP …
By Sherry Knowles
26 days ago 10

PTAB Institutes Series of IPRs Brought by Pfizer Against Sanofi Patents

During the week of August 12 - 16, the Patent Trial and Appeal Board (PTAB), issued 26 institution-phase decisions in inter partes review (IPR) proceedings. Nine IPR petitions were denied …
By IPWatchdog
28 days ago 0

Note to the Federal Circuit: Spewing Illogical Nonsense Does Not Make It True

The Federal Circuit recently reversed the District of Minnesota’s denial of summary judgment in Solutran, Inc. v. Elavon, Inc., Nos. 2019 U.S. App. LEXIS 22516 (Fed. Cir. …
By Gene Quinn
28 days ago 56