IP watchdog

Drawing Software Patent Drafting Guidance in 2021 From an Unlikely Source: the Federal Circuit

Since the Supreme Court’s Alice decision in 2014, inventors have faced extra hurdles trying to protect their software-related inventions with patents. A chief obstacle has been satisfying the two-part test for eligibility under Section 101 set forth in Alice and Mayo. To meet this test, claimed subject matter must not be directed to a judicial exception, such as an abstract idea, (Step One), and i... »

Make Your Disclosures Meaningful: A Plea for Clarity in Patent Drafting

Make Your Disclosures Meaningful: A Plea for Clarity in Patent Drafting

Patent disclosures often reveal the same warts. But if “[t]he purpose of the written description requirement is to assure that the public receives sufficient knowledge,” Zoltek Corp. v. United States, 815 F.3d 1302, 1308 (Fed. Cir. 2016), why must we suffer such side effects? Drafters guilty of these crimes must’ve forgotten the public’s right to “receive meaningful disclosure in exchange for... »

Federal Circuit Reverses Holding of Infringement Based on Faulty Claim Construction

Federal Circuit Reverses Holding of Infringement Based on Faulty Claim Construction

On January 5, the United States Court of Appeals for the Federal Circuit (CAFC) reversed a decision of the U.S. District Court for the Southern District of New York, rejecting the district court’s claim construction and holding that Hong Kong uCloudlink Network (uCloudlink) was entitled to summary judgment of non-infringement (SIMO Holdings Inc. v. Hong Kong uCloudlink Network). SIMO Holdings Inc.... »

Law Business Research

Can “Any Person” File a pre-Grant Opposition in India?

Indian patent law currently states that “any person” may file a pre-grant opposition against a patent application. The Bombay High Court case focuses on the interpretation of the phrase “any person”, and offers a perspective which will likely impact patent opposition proceedings going forward. The law relating to pre-grant oppositions, as it stands today in Section 25(1), was introduced by the Pat... »

Blank Slate Media

Reasons Why Patent is Important for any Business

A patent is important simply because it ensures the protection of your invention regardless of whether it is a product, a design, or a process. If your invention meets certain criteria in terms of originality and utility, a patent will safeguard it for up to 20 years and in so many countries as you want. In other words, you will get a monopoly and other individuals or companies won’t be ... »

IoT For All

IoT Patenting Made Simpler

The sole purpose of obtaining a patent on an IoT invention may be to protect the interests of the inventor(s) pertaining to what the inventor(s) may regard as the invention. In this regard, it may be important to focus on quality patents that are enforceable. Drafting patent applications that are way too narrow may lead to patents that may not be enforceable and should be avoided at all cost. Anot... »

PATENTLYO

Written Description, Disclosed Embodiments, and BRI

Federal Circuit wrote that the original written description filed by the patentee must “clearly allow persons of ordinary skill in the art to recognize that [he] invented what is claimed.” Channelling the old fox-law case of Pierson v. Post, courts have held that the requirement is intended to show “possession” of the claimed invention at the time of filing.  Whether the written description is suf... »

Global Patent Solutions

Protect Your Idea From Theft Before Filing a Patent Application

Publishing your work or making it public in various ways (demonstration, presentation, video, etc.) automatically makes it prior art. This means that if someone else tries to patent the idea, they won’t be able to, as there will be prior art available. If you can prove ownership of the published information, you have one year from the date of publication or public notice to apply for a patent with... »

USPTO

Adjusting to Alice: USPTO Patent Examination Outcomes After Alice Corp. v. CLS Bank International

The U.S. patent system involves an interdependent and dynamic network of institutions. As one of the central institutions in this network, the United States Patent and Trademark Office (USPTO) evaluates and adjusts to changes that originate in other parts of the system. Through those adjustments, the USPTO is able to optimize the timeliness and quality of patent examination while staying within th... »

The How-To: Protecting Your Intellectual Property As A Small Business

The How-To: Protecting Your Intellectual Property As A Small Business

Intellectual property is the life blood of any organization, and for small businesses, even more so! A strategic handling of a company’s intangible assets (e.g. trademarks, copyrights, trade secrets, and patents) can catapult small, local businesses toward greater global recognition. By developing and protecting their best-in-class technologies and products, they can establish themselves as market... »