Our NEWS
Federal Circuit’s ODP Clarification: A Guide for a Patent Attorney
- 09.01.2024
Authored by Babak Akhlaghi on August 27, 2024. In the world of patent law, clarity is key. Building on my takeaways from the In re Cellect decision last year, a recent Federal Circuit case, Allergan USA, Inc. v. MSN Laboratories Private Ltd., No. 2024-1061 (Fed. […]
KNOW MORE
USPTO Updates Guidance on Obviousness Rejection: Flexibility is Key
- 03.05.2024
By Babak Akhlaghi on March 4, 2024. To secure a patent, an invention must be both novel and non-obvious. While demonstrating novelty is relatively straightforward—simply proving that the invention doesn’t exist in any previous patents or publications—the test for obviousness presents a greater challenge. Applicants […]
KNOW MORE
“Pre-Prosecution Pilot”
- 01.29.2024
By Babak Akhlaghi on January 5, 2024. On December 21, 2023, The United States Patent and Trademark Office launched a new program called the “Pre-Prosecution Pilot” to assist first-time inventors. This program aims to help these inventors to assess the strength of their invention and […]
KNOW MORE
Fast-Track Your Semiconductor Innovations with USPTO’s Pilot Program
- 12.08.2023
By Babak Akhlaghi on December 8, 2023. In my previous post, I walked you through the typical journey of a patent application, from its inception to the examination phase. As I mentioned, due to a backlog at the USPTO, it can take a couple of […]
KNOW MORE
Decoding Reasonable Expectation of Success in Obviousness Determination
- 11.10.2023
By Babak Akhlaghi on November 9, 2023. The Journey of Patentability – Novelty, Non-Obviousness, and the Quest for Uniqueness In order for an invention to be patentable under the US patent regime, it must be both novel and non-obvious. Novelty, in this context, refers to […]
KNOW MORE
The Patent Term Adjustment Dilemma in an Obviousness-Type Double Patenting Analysis
- 10.26.2023
By Babak Akhlaghi on October 25, 2023. In In re Cellect, LLC, No. 2022-1293 (Fed. Cir. Aug. 28, 2023), the Federal Circuit held that an obviousness-type double patenting (“ODP”) analysis should be based on the expiration date of a patent with any granted PTA added. […]
KNOW MORE
When is an Idea too Abstract to Pass the Patent Eligibility Test?
- 10.04.2023
By Babak Akhlaghi on October 4, 2023. In Free Stream Media Corp. v. Alphonso Inc., Case No. 19-1506 (Fed. Cir. May 11, 2021) (Reyna, J.), the Federal Circuit held claims toward a system for delivering relevant advertisements to a mobile phone user based on data […]
KNOW MORE
No Magic Word Needed To Determine If The Prior Art And The Patent Are In The Same Field
- 10.02.2023
By Babak Akhlaghi on October 2, 2023. In Netflix, Inc. v. DivX, LLC, Case No. 22-1138 (Fed. Cir. Sept. 11, 2023) (Stoll, Hughes, and Stark, JJ.), the Federal Circuit held no magic word is required to determine if the prior art and the patent are […]
KNOW MORE
Get Your Motorboat Running with this Case regarding Obviousness
- 09.25.2023
By Babak Akhlaghi on September 24, 2023. In Volvo Penta of the Americas, LLC v. Brunswick Corp., Case No. 22-1765 (Fed. Cir. Aug. 24, 2023) (Moore, Lourie, Cunningham, JJ.), the Federal Circuit reversed the Board’s obviousness rejection, finding that there was insufficient evidence to support […]
KNOW MORE
Unraveling the Puzzle of Obviousness: Exploring the Raytheon Techs. Corp. v. General Electric Co. Case
- 09.01.2023
By Babak Akhlaghi on September 1, 2023. In a typical case involving obviousness rejection under 35 U.S.C. § 103, the key issue often revolves around whether a prior art reference teaches a specific claim limitation or if a skilled artisan would have been motivated to […]
KNOW MORE