Introduction I have written on this topic before. See my past article Patenting Medical Devices and Procedures. But the question remains. The court can not make up its mind. What is an invention that is eligible for patenting? Specifically, in regard to novel medical diagnostic techniques, the court continues to stumble over the issue of whether the technique is merely an…
novelty
When is Computer Software Patentable?
Software is patentable when and if it can meet the following two part test: Does the claim recite (expressly state or inherently infer) that the software pertains to a method of organizing human activity (including satisfying legal obligations), mathematical formulas or mental processes? If no, then the software claim is patent eligible. If yes, then go to the second part…
What’s Up Federal Circuit
Below is a post from Patent Attorney Gene Quinn, author of the blog IPWatchdog.com. Gene is complaining of the same topic of my Friday post entitled “Known Technology is Not Abstract” and regarding the absurd position of the several Federal Circuit Justices asserting inclusion of an “abstract idea” within a patent claim as defeating patent…
Known Technology is not Abstract
Introduction Abstract ideas are not patentable. This is simple statement has caused continued confusion and frustration. The Court of Appeals for the Federal Circuit has ruled that a garage door opening device that differs from the prior art only in that it utilizes “off the self” wireless communicating technology is an abstract idea. Use of known technical devices…
WHAT IS A PATENT?
Introduction What is a patent? Simply stated, a patent is the exclusive right to prevent others from making, using or selling the invention or things made using the invention. Surprising? See the following discussion. Discussion Technically, a patent does NOT give you the right to make use or sell the products of your invention since…
PATENT APPLICATION FLOW CHART
Introduction The following is a simplified description on one possible chain of events that occur in the patenting process. This is a hypothetical patent application flow chart. See my article on “Behind the First to File Rules“. Also review my article regarding “Patent Application Elements“. Pre-Filing Outline Document invention in writing, signed and dated…
Clarifying What are Patent Ineligible Abstract Ideas
Introduction: Intertwined with the long ambiguity of the scope of patent eligible software has been the difficulty in defining what are patent ineligible “abstract ideas”. Recall 35 U.S.C. Section 101 states that all things invented by man are patentable subject matter except laws of nature, natural phenomena or abstract ideas. These three items are referred to below as…
Review of CBM Procedure
Introduction I very recently wrote an article regarding the use of the Covered Business Method review procedure created under the AIA of 2012. The Covered Business Method review procedure is a powerful tool that can be used to challenge an issued patent that pertains to a business method. See Junk Patents and Covered Business Methods. The…
PATENTS FOR BUSINESS METHODS (REVISED)
Introduction Methods of conducting business can be patentable. However, the USPTO inquiry expands beyond the questions of whether the method is new (Section 102) or whether the method is an obvious variation of prior art methods (Section 103). Further, the pendency for examination of business method applications is the longest within the USPTO. Also see…
Current Inter Partes Review
Introduction First, the AIA revised the prior Inter Partes Review practice discussed in an earlier blog. This blog pertains only to the new practice (post AIA). You may also want to review my blog “Challenges to your Patent” Discussion Inter Partes Review can only be initiated after 9 months for the patent grant. This is consistent with the 9 month…