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…

Read More →

Patenting Medical Diagnostic Procedures

Introduction This article is a follow on to my July 19, 2019 post entitled Patenting Medical Devices and Procedures.  It may be useful to review this earlier blog post.  What prompts this new post is the pending petition of Athena Diagnostics Inc. regarding the invalidation of its patent for detecting a neurological disorder (Myasthenia gravis).  I discussed this case, Athena…

Read More →

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…

Read More →

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…

Read More →