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…
novelty
Design Choice and Obviousness
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…
Appealing an Obviousness Rejection
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…
Patent Classification Review
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…
Patenting Medical Procedures: Can the Court Make Up Its Mind?
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…
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…