Recent changes in the law concerning patent subject matter eligibility under § 101 suggests a shift back toward patentability, which should provide an opportunity for patentees and would-be patentees to seek protection in what have otherwise been challenging areas.
A recent trend toward increased clarity and specificity in claim drafting and related terminology deserves attention for those seeking robust patent coverage while mitigating risks.
The en banc Federal Circuit has removed its previous standard holding that there is a strong presumption against applying § 112(6) where the term “means” is not present in a claim.
Uncertainty surrounding functional claim limitations has generated tension due to seemingly contradictory positions taken by both the courts and the PTO.
The Global Patent Prosecution Highway (GPPH) is a mechanism that may be utilized to reduce prosecution costs. Here, we address various considerations for utilizing the GPPH.
Determining inventorship can be a challenging matter, and failing to properly do so may lead to the invalidation of a granted patent.
The PTO website continues to augment its identification of key Patent Trial and Appeal Board (PTAB) decisions, recently adding “Key Decisions in Functional Claiming."
The U.S. Supreme Court Resets Infringement by Inducement Relative to Performance by a Single Entity
By a 6-2 margin, the Supreme Court in Commil USA, LLC v. Cisco Sys., Inc., ruled that a belief of invalidity cannot be used as a defense to induced infringement.
Marking your products can be an important aspect of protecting your business and enforcing your patents.
Obviousness rejections are readily invalidated without addressing limitations in the rejected claims or, in many instances, without addressing any aspect of the application at issue ...
The Kubin court provides a path to clarify the obviousness standard set forth in KSR ...
The requirement that evidence support motivation for modifying a primary reference is alive and kicking ...
Compact Prosecution and Cost Control - Identifying and using new grounds of rejection to control prosecution and control costs ...
Licensors wishing to maintain the value of their hard-earned intellectual property should consider recent decisions when planning patent portfolios, crafting claims and drafting licensing agreements...
The America Invents Act offers provisions useful to address patent ownership and declaration requirements; a few simple efforts can be made to mitigate issues (and expense) that can arise when dealing with unavailable or uncooperative inventors.
The "Dancing Baby" case highlights the importance of performing an analysis under the fair use doctrine before issuing a takedown notice.
Developing robust claims for provisional applications can help to ensure that important enablement requirements are satisfied ...