enablement, First office action, First to Invent, Foreign patent protection, Funding, internet, novelty, obviousness, patent, Patent Application, Patent claims, patent search, Patent, Patent Application, Invention, prior sale, Protecting IP, provisional application, Request for Continued Examination, Restrictions, Utility Patent

Sample Patent Flow Chart

Posted by dmcewing on September 22, 2020 | Leave a comment

Introduction: Attached below is a sample patent flow chart. I start with the inventor’s conception of the idea. Included are the steps to be taken to reach the point of possible patent filing. (Note my sample assumes that a provisional application is filed first. However it is possible to go directly to the Non-provisional application…

Abstract Idea, disclosure of invention, enablement, infringement, medical diagnostic, natural law, novelty, obviousness, Patent claims, Patentable software, Patenting Diagnostic Procedure, Patenting Medical Test, Section 101, Section 112

Patent Goulash For Engineers

Posted by dmcewing on August 6, 2020 | Leave a comment

INTRODUCTION: I wrote an article in October 2019 for mechanical engineers (and others) warning that the Section 101 morass, i.e., Patent Goulash, was not limited to computer software business methods or medical diagnostic procedures. The long twisted arm of unpatentable “natural law” and “abstract ideas” was extending to patent applications for improved mechanical structures. See Mechanical Engineering and…

enablement, Inter Parte Review, Non-analogous, novelty, obviousness, Patent Application, Patent claims, patent search, Protecting IP, provisional application

Design Choice and Obviousness

Posted by dmcewing on August 2, 2020 | Leave a comment

INTRODUCTION: Many of my recent articles have focused upon the whether an innovation is eligible for patent protection. This has been described as a Section 101 issue. Many innovations have been barred from patenting as being merely abstract ideas. This is a confused area. However, even if an innovation is deemed patentable subject matter, it still needs to be…

Appeal, novelty, obviousness, Patent Application, Patent claims, Patent Fees, PTAB, Request for Continued Examination

Appealing an Obviousness Rejection

Posted by dmcewing on July 29, 2020 | Leave a comment

INTRODUCTION: This article looks at appealing an obviousness rejection. It should not be a surprise that there are obstinate patent examiners. For whatever reason, they can be determined to not allow your patent application. Frequently, this situation can be experienced when an examiner rejects your application based on alleged obviousness (a 103 rejection). An assertion of obviousness…

Covered Business Method, disclosure of invention, First office action, Invention Classification, mis-descriptive, novelty, obviousness, Patent Application, Patent claims, Patent Office GAU, Patentable software, Presubmission invention classification review, Technology Centers

Patent Classification Review

Posted by dmcewing on June 15, 2020 | Leave a comment

Introduction Crafting the specification, and particularly the claims, of a patent application can be critical to the chances of ultimate allowance of the application into a legally enforceable patent. This applies not only to distinguishing your invention over the prior art or confirming that your invention is eligible for patent protection, e.g., not merely an abstract…

medical diagnostic, natural law, novelty, Patenting Diagnostic Procedure, Patenting Medical Test, Section 101

Patenting Medical Procedures: Can the Court Make Up Its Mind?

Posted by dmcewing on February 20, 2020 | Leave a comment

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…

Abstract Idea, Appeal, Covered Business Method, disclosure of invention, internet, medical device, medical diagnostic, novelty, obviousness, Patent Application, Patent claims, Patentable software, Protecting IP, PTAB, Section 101, software, specification

When is Computer Software Patentable?

Posted by dmcewing on December 17, 2019 | Leave a comment

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…

abstract, Abstract Idea, novelty, Patent claims, Protecting IP

What’s Up Federal Circuit

Posted by dmcewing on August 26, 2019 | Leave a comment

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…

Abstract Idea, disclosure of invention, natural law, novelty, obviousness

Known Technology is not Abstract

Posted by dmcewing on August 23, 2019 | Leave a comment

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…

enablement, infringement, monopoly, novelty, obviousness, patent, Patent Application, Patent infringement

WHAT IS A PATENT?

Posted by dmcewing on March 5, 2019 | Leave a comment

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…

Law Office of David McEwing, P.C.

Houston Patent Law

novelty