126 articles · page 9 of 11
Courts have decided many recent Alice challenges based on whether the invention at hand is “physical” or not. Others determine patent-eligibility based on whether a human can practice the invention in their mind, or with pen and paper. Still…
Over the past couple of weeks, our Data Science Team has focused on analyzing the USPTO examiners’ data as well as different Art Units. This week, we decided to compare the allowance rates at different art units before and after the first final…
Patent-eligibility of “physical” claims can be misleading. After all, a general purpose computer is a physical object but does not impart patentability to otherwise unpatentable software claims. In contrast, a physical machine is not invalid…
This week, Patexia Data Science team expanded the USPTO examiner study from last week to identify the Art Units with the highest and lowest allowance rates. Art Unit 3685 which examines financial and business practice patent applications with 35 percent…
This week at Patexia, our Data Science Team analyzed over 7 million patent applications and reviewed the allowance rates for the USPTO examiners over the past several years. We identified the most active USPTO Technology Centers and their average allowance…
Written by John M. Carson and Paul Chang, Ph.D. Patent applicants whose applications have been assigned to the USPTO Technology Center 3600 have been particularly impacted by the Supreme Court’s June 2014 decision in Alice Corp. v. CLS Bank Int'l…
By Christopher Hall & Mike Gencarella Here is an argument we are using in response to rejections under 35 USC §101 that allege the claims are directed to an abstract idea and are patent ineligible. This is useful in Office action responses, and…
Drafting chemical patent applications is an art. Unfortunately, many things, even little things, can be fatal. Below is short list of things that can be easily dealt with during the drafting process to avoid issues later. This list is intended to inform…
Given the volume of district court decisions regarding Section 101, I typically don't find ones that stand out enough to warrant discussion. But last week's decision by Judge Stark in MAZ Encryption Technologies LLC v. Blackberry Corporation is an…
Consulting giant Accenture has rattled the cage of the fintech community by filing a patent for an “editable” blockchain that would allow a central administrator to edit or delete information stored in a permissioned blockchain system. Business…
During its August Patent Quality Chat, the USPTO discussed the recently launched Patent Prosecution Pilot Program (P3). The P3 program is a hybrid of the After-final Consideration Pilot (AFCP 2.0), which has been available since 2013, and Pre-Appeal Brief…
By Chris Hall Womble Carlyle Sandridge & Rice, LLP Here is a technique for rapidly drafting claims, for a patent application. This is a brainstorming mechanism that works for one person, or two, or more, and uses a free-form drawing or diagram to both…
