Since the original decision in Ex Parte Bilski, the fate of U.S. application 08/833,892 has been a subject of great interest to the patent law community. Last month, the Federal Circuit, on its own initiative, issued an order granting an en banc hearing to the appeal of Bilski’s rejection by the patent office. Since then, […]
The U.S. Patent and Trademark Office (USPTO) has proposed making changes to the rules regarding when an invention involves biological material. Often, these can’t be adequately described using just words. As a way to supplement the written description of an invention, courts have sanctioned a procedure in which biological material may be deposited with an […]
The United States Patent and Trademark Office (USPTO) published Examination Guidelines to help examiners make decisions regarding the obviousness (or lack thereof) of claimed inventions in light of the Supreme Court’s recent decision in KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385 (2007). Teleflex v. KSR In Teleflex Inc. v. KSR Int’l Co., the […]
The United States Patent and Trademark Office (USPTO) published Examination Guidelines to help examiners make decisions regarding the obviousness (or lack thereof) of claimed inventions in light of the Supreme Court’s recent decision in KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385 (2007). The USPTO announced the new guidelines saying: [P]atent examiners will continue […]
On August 21, 2007, the USPTO published its final rules limiting continuation practice (72 Federal Register 161 at 46716, “Rules and Regulations Changes To Practice for Continued Examination Filings, Patent Applications Containing Patentably Indistinct Claims, and Examination of Claims in Patent applications; Final Rule”). USPTO’s assertion of statutory authorization would appear to be insufficient in […]
On August 21, 2007, the USPTO published its final rules limiting continuation practice (72 Federal Register 161 at 46716, “Rules and Regulations Changes To Practice for Continued Examination Filings, Patent Applications Containing Patentably Indistinct Claims, and Examination of Claims in Patent applications; Final Rule”). Constraints on the USPTO’s ability to limit continuations In both the […]
On August 21, 2007, the USPTO published its final rules limiting continuation practice (72 Federal Register 161 at 46716, Tuesday, August 21, 2007 “Rules and Regulations Changes To Practice for Continued Examination Filings, Patent Applications Containing Patentably Indistinct Claims, and Examination of Claims in Patent applications; Final Rule”). The original proposed rules (71 Federal Register […]
In a nonprecedential decision, the U.S. Court of Appeals for the Federal Circuit held that it won’t force the United States Patent and Trademark Office (USPTO) to issue a decision absent the authority to act. Somerset Pharmaceuticals v. Dudas (07-1447). Somerset tried appealing from district court, which turned down its request to get the Director […]
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Editor-in-Chief Barista Stephen Jenei is a patent attorney and Owner of Jenei LLC. When not serving up patent chat over a steaming cup of java, he's handling a diverse intellectual property practice in the biotechnology, pharmaceutical and chemical fields. More info @ Jenei LLC
