126 articles · page 5 of 11
On Oct. 17th, the PTO published Guidelines intended to supplement the Jan. 2019 Subject Matter Eligibility Guidelines (“2019 PEG”). The Guidelines and associated Examples are extensive. Only two of the Examples (43 and 44) are concerned with…
Term Act Seeks to Add New Bio/Pharma Litigation Hurdle It was easy to miss last week’s introduction of a new patent reform bill on the House side entitled: “Terminating the Extension of Rights Misappropriated Act of 2019” with so much…
We released our first patent prosecution rankings for the top 1,000 patent firms back in March, which was based on the activity, efficiency and success rates of more than 5,400 firms. Since then, a number of companies have asked us to evaluate their…
In lengthy hearings conducted by the Senate Subcommittee on Intellectual Property (of the Committee on the Judiciary) on June 4th and 5th (Parts I and II; Part III will be held on June 11th ), the Subcommittee, chaired by Senators Tillis and Coons, 30 IP…
On Wednesday, Senators Tillis and Coons, along with Reps. Collins, Johnson and Stivers released a draft, bipartisan bill to amend ss.100 and 101 to void the “judicial exceptions” to patent eligibility. Section 112(f) was also amended to tighten…
Proposed Framework Isn’t Just About Fixing 101 Since Wednesday’s release of a proposed 101 framework , some have mistakenly dismissed its legislative viability as failing to account for the interests of Big Tech — nothing could be further…
Because the Federal Circuit says it can’t, that’s why! In Cleveland Clinic Foundation v. True Health Diagnostics LLC, 859 f .3d 1352 (Fed. Cir. 2017), the panel held patent-ineligible claims to a method of assessing a test subject’s risk…
In my previous post , I looked at two metrics - allowance rate and actions per disposal - that I find useful in assessing an examiner and formulating a strategy for dealing with the examiner. In this post I will look at three more such metrics: (1)…
A few weeks ago, we published the top five fastest growing patent firms . We also talked about the challenges the sector is facing and some of the concerns of law firms with shrinking profits in recent years ( Patexia Insight 54 ) . This week, we are…
How often do you get 5 minutes into an office action and you start thinking "here we go again, another idiot patent examiner that has no clue and is just trying to pad his/her stats!" I bet most of us patent prosecutors have that thought way more…
In Natural Alternatives International, Inc. v. Creative Compounds, LLC . , Appeal No. 2018-1295, a divided panel of the Federal Circuit reversed and remanded a decision by the District Court for the Southern District of California that granted a judgment…
The Examiner in Appeal no. 2017-003416 (Mar. 1, 2019) had rejected this claim as directed to a natural product: “18. An in vitro culture comprising a substantially pure, replenishable population of synchronous primate trophoblast cells, wherein the…
