Section 103 Obviousness Rejections

Introduction Continuing with my discussion yesterday regarding rejection of patent applications based upon the examiner’s assertion that the claimed development is obvious, I am exploring the USPTO updated guidance to examiners published in early 2018.  An invention can not be patented if the development would have been obvious to a person skilled in the art at…

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Clarifying What are Patent Ineligible Abstract Ideas

Introduction: Intertwined with the long ambiguity of the scope of patent eligible software has been the difficulty in defining what are patent ineligible “abstract ideas”.  Recall 35 U.S.C. Section 101 states that all things invented by man are patentable subject matter exceptlaws of nature, natural phenomena or abstract ideas.  These three items are referred to below as “exceptions”…

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Review of CBM Procedure

Introduction I very recently wrote an article regarding the use of the Covered Business Method review procedure created under the AIA of 2012.  The Covered Business Method review procedure is a powerful tool that can be used to challenge an issued patent that pertains to a business method.  See Junk Patents and Covered Business Methods.  The…

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Trade Secrets vs. Patenting

The Continuing Dilemma: Trade Secrets (Hidden Use) vs. Patent (Disclosed Monopoly) Disclaimer: I am biased against protecting know-how as a trade secret.  I participated in a 3 years chase of ex-employees turned competitors utilizing a trade secret manufacturing technique.  The burden of establishing the fact that the technique (consistently held behind the curtain and protected as the…

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REPRESENTATIVE PATENTS

6,597,177      Through Casing Resistivity Measurement In Permanently Installed Downhole Production Environment.   A tool installed within a well casing that can saturate a portion of the casing with magnetic flux and send an oscillating magnetic flux that can be used for resistivity measurement of the adjacent geologic formation.  6,630,831      Measurement of Electrical Properties Through Non Magnetically…

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