Avoiding the “Abstract Idea” Trap Against Patentability

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 abstract idea trap against patentability”. What I am referring to is the rejection of patentable innovations on the basis that the patent is merely claiming an abstract idea.  An…

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BEHIND THE FIRST TO FILE RULES

Introduction As you are probably aware, the USPTO rules changed March 16, 2013 to make the first inventor to file eligible to obtain a patent. (Prior to this change in law, patents were awarded to the first person to invent, regardless of whether another (later inventor) first filed an application.)  Implementation of this “first to…

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Sharing Patent Ownership

Introduction Participants in a new business venture that incorporates a concept subject of a actual or intended patent application, often to seek to document their mutual participation in the venture by joining as co-inventors.  This is not a good idea. As I mentioned in my earlier blog “Who is the Inventor”, the law provides that each…

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PATENTABLE INVENTION

Introduction As mentioned in Patent Application Elements, a development must be novel, useful and non-obvious to persons skilled or knowledgeable in the applicable technology or art.  The following descriptor the elements of a patentable invention. Novelty To comply with the requirement that the development be novel, the invention must not have been known or used…

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