Posts Tagged: USPTO


Reflections Upon Disagreeing with Judge Paul Michel

Recently, I’ve written several articles laying the blame for the patent eligibility crisis squarely on the Federal Circuit. Yes, we all know the Supreme Court is …
By Gene Quinn
10 days ago 15

Scott Elmer, St. Jude Children’s Research Hospital On the ‘Sea Change’ in Diagnostics Patent Strategies

Scott Elmer is Director, Office of Technology Licensing, at St. Jude Children’s Research Hospital, one of the leading pediatric cancer hospitals in the country. The institution …
By Eileen McDermott
11 days ago 4

Latest CAFC Ruling in Cleveland Clinic Case Confirms That USPTO’s 101 Guidance Holds Little Weight

On Monday, April 1, the Court of Appeals for the Federal Circuit issued a decision in Cleveland Clinic Foundation v. True Health Diagnostics affirming the invalidity of patents …
By Steve Brachmann
12 days ago 6

Other Barks & Bites, Friday, April 5: Senators Introduce FLAG Act, Apple Wins iPad Trademark Case, Poland May Ignore New EU Copyright Rules

This week in Other Barks & Bites: a trio of U.S. Senators introduce a bill for countries and municipal governments that want to register trademarks; Williams-Sonoma and …
By IPWatchdog
14 days ago 5

Judge Paul Michel: Look to Congress, Not Courts, to Fix the U.S. Patent System

During a break at IPWatchdog’s recent Patent Masters™ Symposium, former Federal Circuit Chief Judge Paul Michel went on record to express his grave concerns about the …
By Eileen McDermott
15 days ago 19

First House IP Subcommittee Hearing of 116th Congress Addresses Ways to Increase Female Inventorship

Today, April 3, the Senate Subcommittee on Intellectual Property held a hearing titled Trailblazers and Lost Einsteins: Women Inventors and the Future of American Innovation—a topic that …
By Steve Brachmann
16 days ago 12

Inequitable Conduct and Unclean Hands: Is There a Difference and Does it Matter?

Inequitable conduct remains the most powerful defense to patent infringement. In contrast to other defenses to patent infringement that require a claim-by-claim analysis, the defense of inequitable …
By Robert Levy
16 days ago 2

The Federal Circuit Just ‘Swallowed All of Patent Law’ in ChargePoint v. SemaConnect

In ChargePoint Inc. v. SemaConnect, Inc., (2018-1739) the Federal Circuit inexplicably stated in its opinion that “[i]t is clear from the language of claim 1 that the …
By Russell Slifer
17 days ago 50

Request for Amici: Tell the Supreme Court to Clarify Section 101

On March 8, Foster Pepper filed a petition for certiorari with the Supreme Court, case number 18-1199, challenging the Federal Circuit’s emerging “physical realm” test as part …
By Bill Abrams & Rich Black
17 days ago 13

How the EPO and USPTO Guidance Will Help Shape the Examination of Artificial Intelligence Inventions

It is safe to say that Artificial intelligence (AI) and Machine Learning (ML) are hot topics and, as with any rapidly growing technological area on the industry …
By Robert Tarcu
18 days ago 7

IP and Innovation on Capitol Hill: Week of April 1: Medicare Drug Pricing, Lost Einsteins and Data Privacy

This week on Capitol Hill will include a series of hearings related to tech and innovation topics on Tuesday at the House of Representatives, where debate will …
By IPWatchdog
18 days ago 0

‘Bad Patents’ Are Just Another Big Tech False Narrative

Over the last 15 years, Congress, the courts and the USPTO have gutted the patent system. Fortunately, USPTO Director Andrei Iancu has been taking important steps to reverse …
By Paul Morinville
21 days ago 26

America’s Patent System Favors the Few and Inhibits Innovation—But Change Could Be Coming

There is little doubt that the way intellectual property is viewed and protected has transformed over the last 12 years, at least in the eyes of those who …
By Gene Quinn
22 days ago 17

Patent Masters’ Warning: U.S. Patents Are Weak, Innovation Is Going Overseas

IPWatchdog’s most recent Patent Masters™ Symposium, held Monday and Tuesday March 25-26 in Washington, D.C., examined the state of the U.S. patent system and …
By Eileen McDermott
23 days ago 7

Brunetti Briefs: Section 2(a) Bar on Immoral or Scandalous Marks Fails Constitutional Test

On April 15, the Supreme Court will hear oral argument in Iancu v. Brunetti, a case the International Trademark Association (INTA) has remarked raises a critical issue for …