Patent Law Weblog
Category: Patentable Subject Matter
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By Michael Borella — On January 7, 2019, the U.S. Patent and Trademark Office published updated examination guidance, instructing the examining corps and the PTAB how they should apply 35 U.S.C. § 101. On the same day, the USPTO also published the latest in its series of examples of how this application of the §…
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By Michael Borella — On January 7, 2019, the U.S. Patent and Trademark Office published updated examination guidance, instructing the examining corps and the PTAB how they should apply 35 U.S.C. § 101. On the same day, the USPTO also published the latest in its series of examples of how this application of the §…
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By Joseph Herndon — In the U.S. District Court for the District of Delaware, a patent directed to electronic gift card distribution was found to be directed to patent-ineligible subject matter. Coqui filed related patent infringement actions claiming infringement of U.S. Patent No. 7,580,864, entitled "Method for Circulating an Electronic Gift Certificate in Online and…
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By Michael Borella — On January 4, the U.S. Patent and Trademark Office published updated examination guidance regarding the subject matter eligibility of inventions involving abstract ideas. The guidance went into effect on January 7, upon its publication in the Federal Register. In substance, the new guidance falls in line with statements made previously by USPTO…
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By Donald Zuhn –- After reflecting upon the events of the past twelve months, Patent Docs presents its 12th annual list of top patent stories. For 2018, we identified fifteen stories that were covered on Patent Docs last year that we believe had (or are likely to have) a significant impact on patent practitioners and…
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By Donald Zuhn –- After reflecting upon the events of the past twelve months, Patent Docs presents its 12th annual list of top patent stories. For 2018, we identified fifteen stories that were covered on Patent Docs last year that we believe had (or are likely to have) a significant impact on patent practitioners and…
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By Donald Zuhn –- After reflecting upon the events of the past twelve months, Patent Docs presents its 12th annual list of top patent stories. For 2018, we identified fifteen stories that were covered on Patent Docs last year that we believe had (or are likely to have) a significant impact on patent practitioners and…
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By Michael Borella — One final 35 U.S.C. § 101 case inched across the finish line at the end of 2018. And while this one is not particularly remarkable substantively, its concurrence from an opinionated judge may give it an unwelcome shelf life. Background Applicant Marco Guldenaar Holding B.V. filed U.S. Patent Application No. 13/078,196. During…
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By Kevin E. Noonan — U.S. District Court Judge Susan Illston stuck again on Christmas Eve, giving the biotech patent community a rhetorical lump of coal in their stocking by invalidating on summary judgment claims directed to methods for isolating cell-free fetal DNA from maternal DNA on the grounds that they are not patent-eligible under…
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By Michael Borella — Opening scene . . . our intrepid patent attorney arrives early at her office for a productive day at work. With morning coffee sitting next to her monitor, she opens her email. She finds a few messages from clients and colleagues, as well as a new office action from the USPTO. Curious,…
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