In our role as patent counsel to big companies, small companies, and individual inventors, we are fortunate to see how certain patent holders are able to obtain strong, valuable patents. Based on our experience, here are five key attributes of those who
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In our experience, many patent cases are actually a tale of two cases: The case based on the patent holder’s interpretation and application of the claims and the case based on the accused infringer’s interpretation and application of the claims. Both cases
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On July 2, 2013 the Federal Circuit Court of Appeals issued an opinion in Fresenius USA v. Baxter International, Inc., Case. No. 2012-1334, 1335 (Fed. Cir. July 2, 2013), which enhances the ability of patent infringement defendants to invalidate patents via the
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In a long-awaited decision in Association for Molecular Pathology, et al. v. Myriad Genetics, Inc., et al., the U.S. Supreme Court held on June 13, 2013 that naturally-occurring, isolated genes are not patentable because they do not constitute patentable subject matter under
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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.
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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
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In 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
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As 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
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The 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
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Failure 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
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