Posts Tagged: Patentability
Filer of an ANDA Paragraph III Certification has Standing to Appeal from PTAB in IPR
The ‘650 patent covers a compound called fesoterodine, which is an antimuscarinic drug marketed as Toviaz® and used to treat urinary incontinence. Mylan Pharmaceuticals petitioned for IPR of …
How Can I Sell an Idea for Profit? Unlocking the Idea-Invention Dichotomy
Selling an idea and waiting for lottery-like winnings to arrive at your doorstep seems to be the American dream. It is certainly the dream of every inventor, …
Revised Patent Eligibility Guidance Effectively Defines What is an Abstract Idea
In essence, by narrowly identifying certain subject matter groups as being those that properly qualify for characterization as abstract ideas the USPTO is effectively defining what is …
American Innovation at Risk: The New Congress Must Clarify Which Inventions Are Eligible for Patents
The U.S. Supreme Court has muddied the waters about patent eligibility in a way that threatens American innovation. Capitol Hill is beginning to discuss this as …
Why is SCOTUS Creating a Federal Common Law of Patents?
What makes SCOTUS’s assertions in patent law jurisprudence that there are these “exceptions” or additional “requirements” particularly annoying to many of us in the patent bar …
Ancora v HTC: Why You Should Draft Patents That Emphasize Technical Solutions
Last week, in Ancora Technologies v HTC America, the Federal Circuit reversed a lower court’s invalidity ruling under 35 USC §101 by concluding that Ancora’s claimed subject …
CAFC: Patent Claim Directed to Concrete Assignment of Specified Functions is Patent Eligible
The Federal Circuit recently reversed the Western District of Washington’s dismissal under Rule 12(b)(6) of the Federal Rules of Civil Procedure where the district court held …
Iancu Proposes Overcoming 101 ‘Morass’ by Strictly Following Supreme Court Precedent
Director Iancu's remarks gave a first look at what his reforms will look like, and by all indications these changes will be extremely innovator friendly... What has …
Does the Supreme Court even appreciate the patent eligibility chaos they created?
At the beginning of this decade the United States Supreme Court embarked on a path that would ultimately result in a significant re-writing of the law of …
Supreme Court Refuses Another 101 Patent Eligibility Appeal
REAL argued in its petition that step two of the Alice test used to determine invalidity under Section 101 requires questions of fact that were never asked by …
Iancu: Major PTAB Initiatives Rolled Out, Time to Assess Changes and Stakeholder Reaction
Director Iancu did not make much, if any, news speaking at PPAC today. He did, however, indicate that at least for now his major initiatives to reform …
The Hunt for the Inventive Concept is the Flash of Creative Genius Test by Another Name
Today the flash of creative genius test has reared its ugly head once more, this time as a consideration under a patent eligibility inquiry and 35 U.S.…
Is the Federal Circuit Closer to Requiring a Real Claim Construction for Patent Eligibility?
To date the United States Court of Appeals for the Federal Circuit has not explicitly required district courts to conduct a formal claim construction prior to determining …
Unintelligible and Irreconcilable: Patent Eligibility in America
The Alice/Mayo framework does not mandate a conclusion, it tolerates – even enables – whatever conclusion the decision maker prefers. This is allowed because of a universe of …
Why isn’t Congress Upset about Judicial Exceptions to Patent Eligibility?
Some courts have characterized this final inquiry as “the hunt for the inventive concept.” That would make some logical sense if and only if a claimed invention …
