Well, we thought so, but now we are not so sure. It seems that the much more is required than the business method itself in order to obtain a patent. The cases suggest that, at a minimum, novel computing features are required. The Federal Circuit’s most recent pronouncement on the issue seems to change little…
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There has been a lot of discussion in the patent world recently about how to improve patent quality. Much of this discussion has been motivated or at least strongly influenced by the surge in patent litigation brought by “patent trolls.” As we discussed last month, Congress is attempting to reduce the leverage that patent trolls enjoy…
Read MoreIn one of our earlier posts we discussed how to determine whether a given patent application or patent is subject to the First Inventor to File Provisions of the America Invents Act (AIA). In particular, we discussed the complexities involved in determining whether an application filed after March 16, 2013 was subject to the First…
Read MoreAs we discussed last month, the “first inventor to file” provisions of the America Invents Act (AIA) go into effect next month on March 16. The USPTO issued its final rules for implementing the AIA last week, and a copy of the rules can be found here. Figuring out whether the AIA or pre-AIA law governs…
Read MoreThe U.S. Patent & Trademark Office (PTO) recently requested public comment on how applicants can improve patent quality. The PTO’s Notice describes possible procedures such as requiring applicants to correlate claim terms to the specification and state whether examples are intended to be limiting or merely illustrative and requiring applicants to provide glossaries of potentially…
Read MoreFailure to take certain required actions can result in the abandonment of a U.S. patent application or issued patent. For example, if an office action is not replied to within six months of issuance or if an issue fee is not paid within three months of the issuance of a Notice of Allowance, a patent…
Read MoreAlthough the America Invents Act (AIA) was signed into law in September 2011, the “first inventor to file” provisions did not immediately take effect. However, they will take effect in less than two months. Are you ready? The shift to a first inventor to file system represents a significant change in U.S. Patent Law that…
Read MorePatent holders can prove infringement by showing that each element of a claim is literally present in an accused infringer’s product or that those elements which are missing have an “equivalent.” The latter approach is permitted under what is known as the “doctrine of “equivalents.” There is something of a conundrum in the way the…
Read MoreClients often want to know how long it will take them to get a patent. Of course, whether they get one at all will depend on whether their invention is novel and non-obvious as well as how broadly their claims are drafted. However, those questions aside, there is also the issue of how quickly the…
Read MoreA key decision for many accused infringers is whether to rely on an opinion of counsel to rebut a claim of willful infringement. A finding of willful infringement opens the door to the assessment of enhanced damages which can be as much as three times the actual damages. At one time, the law imposed a…
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