Avoiding Patent Death – Draft Smart Claims

Introduction: I continue to closely monitor the case law regarding patenting computer software.  The August 26, 2021 decision of Universal Secure Registry v Apple is an example.  In this decision, the Court of Appeals for the Federal Circuit (usual final arbiter of patent disputes) invalided 4 patents as merely claiming abstract ideas.  Abstract ideas are…

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Creep of Patent Eligibility Goulash

Introduction: I have written frequently about the morass of “logic” created by the courts regarding the patent eligibility of computer implemented business methods and software.  This logic pertains to whether the software is an “abstract idea” and therefore not eligible for patent protection.  This is a fluid topic.  It has been termed eligibility goulash by…

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Obviousness Rejections 2021

Introduction: An application for patent is typically rejected by the USPTO examiner after the first examination.  But the USPTO examiner must provide specific written reasons justifying the rejection.  The applicant has the right to respond to the rejection to point out why the examiner is in error or to amend the claims of the application…

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Patent Goulash For Engineers

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…

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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…

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Avoiding the “Un-patentable Abstract Idea”

INTRODUCTION: I have written many times of the ambiguity created by the courts in the Alice and Mayo decisions regarding what is patentable subject matter.  I am today suggesting a method of “avoiding the un-patentable abstract idea”. What I am referring to is the rejection of patentable innovations on the basis that the patent is merely claiming an abstract idea.  An abstract idea…

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Patenting Medical Devices

Introduction This article is meant to be read in conjunction with my article Patentability Swamp.  In this prior article, I have discussed the newest USPTO Guidelines (October 17, 2019) pertaining to patenting matters that may incorporate patent ineligible material under 35 USC Section 101, i.e., natural law, natural products, natural phenomena or abstract ideas.  I have discussed the…

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Known Technology is Not Abstract Rev. 2

Introduction On August 26, 2019 I posted an article regarding “Known Technology Is Not Abstract”.  In that post I complained of the Federal Circuit determining a patent for an automatic garage door opener as being invalid since it utilized wireless technology and wireless technology was deemed to be a well understood technology and therefore an abstract…

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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…

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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…

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