Secondary considerations of nonobviousness
Is your examiner repeatedly insisting that your patent application claims are obvious? One option: “reboot” your examiner by submitting at least one … Read more
Defense against unfair citation reading
In today’s “defense against the dark arts” class, we will consider obviousness, MPEP 2143.01(V), In re Gordon, and defending against unfair citation … Read more
Patent appeal process and procedures
The patent appeal process allows an applicant to bypass an examiner and request that the Patent Trials and Appeal Board (PTAB) independently … Read more
Beware the “on-sale bar”
A patent is invalid if the invention was sold more than a year before filing (on-sale bar), and the recent “Helsinn v … Read more
Patent forum shopping
In the TC Heartland v. Kraft Food case, the Supreme Court ruled that the Eastern District Court of Texas is no longer … Read more
Blurred lines: copyright AFC tests
The “Blurred lines” music copyright case went wrong because courts are not using modern “abstraction-filtration-comparison” AFC tests. Copyright covers creative expression but … Read more