Mechanical Engineering Patents and Validity Goulash

Introduction If you thought that issues of natural law and abstract ideas were invalidating only medical device and treatment patents, think again.  The fog of natural law/natural phenomena/abstract ideas is descending upon “nuts and bolts” mechanical engineering.  It is no longer safe to pursue patent protection for vibration dampened drive shafts without encountering “validity goulash”.   Discussion Again…

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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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Patenting Medical Devices and Procedures

Introduction There is a great deal of valuable intellectual property associated with medical technology.  However the patent landscape is, in my opinion, unclear and unsettled.  Diagnostic procedures that utilize human biologic functions are denied patent protect because the procedures rely on “natural law”. I have tried to outline the problem using the actual wording of disputed patents…

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Patenting Medical Diagnostic Procedures

INTRODUCTION There is a string of cases holding patents invalid on the basis that the patent is merely claiming an aspect of natural law.  This involves patents pertaining to medical diagnostics. Patents for medical diagnostic procedures may involve a dependency upon reactions or results that are a function of natural law (35 U.S.C. Section 101).  For example,…

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