The drawings for a utility patent application are one of the most important parts of the patent application. The drawings are a quick, easy way to establish some understanding of what to expect if one were to spend time reading the utility patent or application. Patent rules also require the drawings show what is being claimed as the invention. Moreover, without the drawings, … [Read more...]
Before filing a patent application
Before filing a patent application, among other activities, you must make sure that you own the patent rights, it is eligible for patent protection and also new and non-obvious. Browse related articles below.
A patent specification has a number of different legal requirements. One of those requirements is that the patent specification must provide a “written description” of the claimed invention. 35 U.S.C. § 112 recites that the “specification shall contain a written description of the invention ….” An excerpt from the Stanford case discussed below explains the standard to … [Read more...]
Basis for patent eligibility standards In July 2017, the United States Patent and Trademark Office published its PATENT ELIGIBLE SUBJECT MATTER: REPORT ON VIEWS AND RECOMMENDATIONS FROM THE PUBLIC. For those in the life science and computer related technologies, this is a good summary of the various competing sides one should be aware of in developing a strategy to protect … [Read more...]
Background of Section 101 or patent eligibility issue Ever since Alice (2014), the USPTO and the courts have to a large extent invalidated software patents. Also, the USPTO has had a significantly lower than average patent allowance rate for software inventions. The reason is that Alice caused the courts and the USPTO to treat many software inventions as though they were … [Read more...]
In Helsinn Healthcare v. Teva Pharmaceuticals (Fed. Cir. 5/1/17), the Federal Circuit held that under the America Invents Act (AIA), if the existence of the sale is public, the details of the invention need not be publicly disclosed for the on sale bar to apply. The Federal Circuit made clear that to the extent that the existence of an offer for sale of the invention is public, … [Read more...]