Social Media Ideas for Patentability

How 'Markedly Different' Test Shapes Patent Eligibility Debate

Following last month's U.S. Senate hearing on the proposed Patent Eligibility Restoration Act, it is important to examine how courts and the U.S. Patent and Trademark Office have a...

Allowable Subject Matter in the Final Rejection

One in five first final rejections in 2024 named allowable claims. Those applications have patented at 92%; the rest at 55%, with a third abandoned. Continue reading this post on P...

Fed. Circ. In July: Meeting The Enablement Requirement

The Federal Circuit's decision in Wyeth v. AstraZeneca last month exemplifies when a generalized conception of an invention is insufficient to enable the full scope of asserted pat...

Patent Ruling Shows Concrete Tech Solution Key To Eligibility

The Federal Circuit’s recent Ceiva Opco v. Amazon.com decision offers an important reminder that software-related inventions can remain patent eligible when they claim a concrete t...

Patent Eligibility Bill Divides Senators Over Health Costs

Several U.S. senators expressed strong support at a hearing Tuesday for a bill aimed at expanding which inventions are eligible for patents, while others appeared to have reservati...

Fed. Circ.'s Shaping Of Tech Patent Doctrine Resembles EPO's

The Federal Circuit's recent decision in Ceiva v. Amazon crystallizes an informal U.S. heuristic, "a technological solution to a technological problem," rewarding emphasis of a tra...

Tillis Signals Willingness to Tweak PERA Amid Gene Patenting Concerns

The full U.S. Senate Judiciary Committee held a hearing Tuesday, titled “From Genes to Machines: the Patent Eligibility Debate,” during which witnesses testified about the pros and...

5 IP Licensing Lessons From Fed. Circ. Asphalt Ruling

The Federal Circuit's recent decision in A.L.M. v. Zydex, concerning infringement of asphalt-related patents, clarifies what licensing terms are considered sufficiently exclusionar...

Squires Says RPIs Must Be Named If They Can Control Cases

The U.S. Patent and Trademark Office director explained why he rejected Viance LLC's challenge of a Koppers Performance Chemicals Inc. patent, faulting Viance for failing to disclo...

One Atomic Substitution, Two Giant Hurdles of Disclosure and Efficacy

In Intra Cellular Therapies v. Controller of Patents, the Delhi High Court revisited two recurring fault lines in pharmaceutical patent law: the coverage disclosure distinction in...

Design Patent Risk Can Turn on the Record Before a Jury Ever Compares the Products

Rejected, With a Road Map: Allowable Subject Matter in the First Action

About 13.5% of first actions are allowances, but nearly 40% either allow or point the applicant to allowable subject matter. Continue reading this post on Patently-O.

Inventors, USPTO Agree On Scope Of Patent Program Suit

The U.S. Patent and Trademark Office and a pair of inventors have agreed that a review program referenced by Trump administration official Edward Martin was outside the scope of a...

USPTO Simplifies Entry To Patent Bar For Biomedical Grads

The U.S. Patent and Trademark Office published guidance Tuesday that elevates biomedical science degrees to a list of degrees that earn a person eligibility to take the patent bar...

Double Patenting Ripe For Fresh Fed. Circ. To Clarify Things

The already complex doctrine of obviousness-type double patenting may now be more tangled following a decision and a brief from the patent office seemingly taking different views o...

How 'Settled Expectations' Affect Amazon's Patent Program

Whether the U.S. Supreme Court decides to weigh in on the U.S. Patent and Trademark Office's "settled expectations" framework could have significant consequences for how patent own...

The Supreme Court Broke Patent Eligibility: Congress Can Fix It

When the Senate Judiciary Committee examines the Patent Eligibility Restoration Act (PERA)      this week, lawmakers won't simply be debating patent law. They'll be deciding whethe...

Design Patents After "Range of Motion": When Should a Judge Decide Infringement?

USPTO Expands Category A Patent Bar Admission Criteria to Include Biomedical Science Degree

The United States Patent and Trademark Office (USPTO) published a Federal Register Notice Tuesday announcing administrative updates to the General Requirements Bulletin (GRB). The...

Patents: accelerated processing

The Intellectual Property Office offers different methods of accelerating the processing of your patent application.

USPTO Appeals Review Panel Reaffirms Broad Reach of Double Patenting Doctrine

Patent before publication without limiting open science

“Academia produces knowledge brilliantly. It distributes it appallingly,” Professor Dorina Buda wrote recently on LinkedIn. The statement made me pause because it brought back two...

Are Your Patent Assets Monetizable or Merely Countable?

Patent count is often the first thing people notice about a portfolio. It should not be the last. A portfolio with 500 patents may have little monetization value if the claims are...

Fed. Circ. Licensing Rulings Shed Light On Patentee Standing

Two recent decisions from the Federal Circuit provide a useful framework for evaluating whether a patent license agreement preserves a sufficient exclusionary interest to support f...