In the past few years software patent protection have come under intense scrutiny by the courts and the United States Patent and Trademark Office (USPTO). In that short time, it has become commonplace to see software inventions characterized as an abstract idea and thus not eligible for patent protection under 35 U.S.C. 101. As such, for software patent protection, one must … [Read more...]
Patent application process
The patent application process includes three main time frames: 1) before filing patent application, 2) after filing a patent application and 3) after patent grant. Browse related articles below.
Brief history of patentable subject matter rejections Ever since Alice/Mayo, a number of decisions have been rendered regarding patentable subject matter or 35 USC 101. In other words, whether a claim in a patent or patent application is eligible for patent protection under Section 101. Each new case adds to the body of patentable subject matter case law to help the … [Read more...]
Basic facts In D’Agostino v. MasterCard International (Fed. Cir. 2017), the limits of what is the broadest reasonable interpretation of a claim limitation is explored. In this case, if the interpretation is illogical based on the claim structure, the patent specification and the file history, then the interpretation would be unreasonably broad. MasterCard petitioned the … [Read more...]
Scriptpro LLC v. Innovation Associates, Inc. (Fed. Cir. 2016) is an opinion that provides pointers on how to write a patent application based on a few of the arguments that were presented by the defendant attempting to invalidate the patent, specifically, failure to satisfy the written description requirement. By anticipating these types of arguments, it may mitigate potential … [Read more...]
Electric Power Group, LLC v. Alstom, 830 F.3d 1350 (Fed. Cir. 2016) is another 35 USC §101 case dealing with patent eligible subject matter. The Court held that the claimed invention was ineligible for patent protection and thus invalid. The patent at issue (US Pat. Nos. 8060259 and 8401710) was directed to systems and methods for performing real-time performance monitoring of … [Read more...]