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What Happens If You Don’t Patent Your Idea?
- 03.08.2024
In the world of innovation and invention, the question of whether to patent an idea is a crucial one. At the core of this decision is the need to protect your intellectual property and ensure that your hard work and creativity are safeguarded. But what […]
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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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In the World of AI-assisted Innovation, the Human Touch Remains Paramount
- 02.17.2024
By Babak Akhlaghi on February 17, 2024. On October 30, 2023, an Executive Order by President Biden mandated the USPTO to, within 120 days, publish comprehensive guidance for both patent examiners and applicants on the subject of inventorship and the use of AI, including generative […]
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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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