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Can You Patent an Algorithm? Understanding the Complexities of Algorithm Patents

  • 03.15.2024

By Babak Akhlaghi on March 14, 2024. In today’s digital age, algorithms play a crucial role in powering various technologies, from search engines and social media platforms to self-driving cars and medical devices. As algorithms become increasingly integral to innovation and business success, the question […]

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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 […]

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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 […]

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Patent Eligibility and Automation of Manual Processes

  • 10.16.2023

By Babak Akhlaghi on October 16, 2023. In PersonalWeb Techs. LLC v. Google LLC, YouTube, LLC, Case No. 20-1543 (Fed. Cir. Aug. 12, 2021), the Federal Circuit held claims directed to data-processing systems that assign unique names to each data item based on its content […]

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Co-Inventor’s Triumph: Federal Circuit Affirms Contribution to Hose Patents

  • 07.20.2023

By Babak Akhlaghi on July 20, 2023. The Federal Circuit upheld a decision of the district court to amend inventorship, determining that the alleged co-inventor made significant contributions to the conception of at least one claim in each contested patent. Blue Gentian, LLC v. Tristar […]

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Making Sense of the Patent Eligibility Restoration Act of 2023

  • 06.30.2023

By Babak Akhlaghi on June 30, 2023. The Patent Eligibility Restoration Act of 2023 proposes several findings by Congress. Among these is the assertion that the U.S. Supreme Court and other courts have established judicial exceptions to the language of the existing patent eligibility section […]

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USPTO Report: Increasing Participation of Women in the U.S. Innovation Ecosystem

  • 07.21.2020

Today’s USPTO report provides insights into the participation of women in the U.S. innovation ecosystem.  It specifically shows the women-inventor-rate is increasing in the U.S. It is wonderful to see that the partnership between the USPTO and the private sector and academia to increase diversity […]

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June 25: Free webinar on oral advocacy before the PTAB

  • 06.24.2020

Interested in fine tuning your oral advocacy skills before the PTAB? The webinar tomorrow looks like a great way to do this. In my 15 years of practice, I have had to only go once before the Board for an oral argument. It was an […]

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Does licensing of your invention trigger an on-sale bar?

  • 04.26.2020

April 26, 2020 Does licensing of your invention trigger an on-sale bar?  The short answer is no.  The licensing agreement covering the invention normally does not trigger the on-sale bar.  On-sale bar is limitation on patentability.  It provides that the invention cannot be patented if […]

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USPTO announces extension of certain patent deadlines under CARE Act

  • 04.03.2020

USPTO is providing much needed relief to the patent applicants affected by the coronavirus. The relief includes extension of various patent related deadlines falling between March 27, 2020 and April 30, 2020. For now, the extension is only for 30 days.

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