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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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Analogous References: the Same Field or Problem Domain as the Invention
- 06.16.2023
By Babak Akhlaghi on June 16, 2023 The US Court of Appeals for the Federal Circuit has overturned the Patent Trial & Appeal Board’s determination of obviousness, stating that a prior art reference concerning automotive engine parts is not analogous to the challenged patent, which […]
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Unruly Distribution: Meeting 101 Conditions in Computer-related Claims
- 05.22.2023
In Sanderling Management Ltd. vs. Snap, Inc., the Federal Circuit held that a method for using distribution rules to load digital image branding functions to users when certain conditions are met are not patent eligible under 101. The claim in question recited: 1. A computerized […]
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The Grammar Secret: the Article “a” Still Signifies ‘One or More,’ but Requires a Single Component Executing All Functions”
- 05.02.2023
In Salazar v. AT&T Mobility LLC, the Federal Circuit held that the wording “a microprocessor” does not require there to be only one microprocessor in an open ended claim; however, subsequent limitations referring to “said microprocessor” require at least one microprocessor to be capable of […]
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Federal Circuit Affirms Dismissal of Patent Claims Failing Alice Two-Step Test
- 04.15.2023
Hawk Technology Systems, LLC sued Castle Retail, LLC for patent infringement based on Castle Retail’s use of security surveillance video operations in its grocery stores. Hawk Tech. Sys., LLC v. Castle Retail, LLC, Case No. 22-1222 (Fed. Cir. Feb. 17, 2023) (Reyna, Hughes, Cunningham, JJ.) […]
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USPTO Launches CI2 First-Time Filer Expedited Examination Pilot Program
- 03.08.2023
The U.S. Patent and Trademark Office (USPTO) has introduced a new initiative called the Council for Inclusive Innovation (CI2) First-Time Filer Expedited Examination Pilot Program. The program aims to promote innovation across communities in America by providing expedited initial feedback on patent applications filed by […]
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Going Green: USPTO Embraces Electronic Patent Grants to Save Paper and Costs
- 03.04.2023
Starting April 18, 2023, the U.S. Patent and Trademark Office (USPTO) will start giving out electronic patent grants that save paper instead of printed ones. They will still give a paper copy for a little while and then you can buy it for a small […]
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Navigating Uncharted Waters: Evaluating Patentability in Multiple Dependent Claims
- 02.24.2023
Nested Bean, Inc. (“Petitioner”) filed a Petition (Paper 1, “Pet.”) requesting inter partes review of claims 1-18 of U.S. Patent No. 9,179,711 B2 (Ex. 1001, “the ‘711 patent”). Claims 1 and 2 of the ‘711 patent are independent, and claims 3-16 are multiple dependent claims […]
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Inventors Under the Patent Act
- 02.06.2023
In Thaler v. United States Patent and Trademark Office, the Federal Circuit affirmed the lower court’s ruling that the Patent Act requires an “inventor” to be a natural person. The sole issue on appeal was whether an AI software system can be an inventor under […]
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USPTO Eliminates Voluntary CLE Certification for Patent Practitioners – What You Need to Know
- 02.03.2023
The United States Patent and Trademark Office (USPTO) has announced a final rule that eliminates the existing provisions of 37 CFR part 11 relating to continuing legal education (CLE) certification and recognition for patent practitioners. This means that 37 CFR 11.11(a)(3), which provided registered patent […]
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