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“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 […]
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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 […]
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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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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. […]
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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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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 […]
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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 […]
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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 […]
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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 […]
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Data Compression Claims Deemed Ineligible by Federal Circuit: Impact on Software-Based Inventions
- 08.28.2023
By Babak Akhlaghi on August 28, 20223. The Federal Circuit held that claims directed to digital data compression are not patent eligible. Realtime Data LLC v. Array Networks Inc., Case No. 2021-2251 (Fed. Cir. Aug. 2, 2023). Realtime filed suit alleging infringement of seven patents […]
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