The claims of a patent define the scope of the invention and provide the metes and bounds of patent protection afforded under the patent. Therefore, often people pay more attention to the claims of the application than the text of…
H.R. 1503, the “Orange Book Transparency Act of 2020” was signed into law January 5, 2021. The Act amends sections 505(b)(1), 505(c)(2), and 505(j)(7) of the Food, Drug, and Cosmetic Act to clarify rules for patent listing in the Orange…
Honk if you love 35 U.S.C. § 101.[1] We last discussed subject matter eligibility on our blog with respect to the January 2019 guidance from the USPTO for computer-implemented inventions.[2] To recap, the January 2019 subject matter guidance revised examining…
Last month (June, 24, 2019), the U.S. Supreme Court ruled in Iancu v. Brunetti that the federal ban on the registration of "immoral or scandalous" trademarks violated the First Amendment. In a decision issued two years after the Court struck…
According to the report the World Intellectual Property Organization (WIPO) released January 2019, 3.17 million patent applications were filed worldwide in 2017, and 43.6% (1.38 million) of these patent applications were filed in China. Further, China was the second largest…
The Supreme Court and Federal Circuit continue to be active in the early stages of 2019 with respect to patents. This post takes a brief look at two recently decided cases regarding on-sale bar and patent term adjustment, respectively. Helsinn…
As we discussed last time, subject matter eligibility was not the only patentability requirement for which the United States Patent and Trademark Office (USPTO) issued new guidance on January 7, 2019, although the initial press coverage might have made it…
If the USPTO makes New Year’s resolutions, "release new guidance documents" must have been at the top of its list for 2019. Patent practitioners were treated to not one, but two new examination guidance documents in the Federal Register as…
In recent years, software-centric patents have been increasingly at risk for receiving rejections from the US Patent Office under 35 U.S.C. § 101. These rejections, based primarily on the Supreme Court’s decision in Alice Corporation Pty. Ltd. V. CLS Bank…
On June 19, 2018 the United States Patent and Trademark Office (USPTO) issued U.S. Patent No. 10,000,000 symbolizing the breath and strength of American invention and showing that patents are still an important tool in protecting innovation. Patent No. 10,000,000 for…