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
Stephen E. Zweig, PhD JD, Patent Attorney
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
A recent Federal Circuit case, Thales Visionix Inc. v United States, continues the process of restoring sanity to the ongoing “Alice” patent … Read more
Forget “patent invalid because abstract”, the Planet Blue decision finds the real issue is “preemption.” Non-preemptive software claims are not abstract. In … Read more
In “Rapid Litigation”, the Federal Circuit is further cleaning up the 35 USC 101 “abstract” patent eligibility mess caused by SCOTUS’s Alice and Mayo decisions.
The Bascom court decision helps software patents by suggesting that step 2 of the Alice test should follow established obviousness rules.
By American standards, European patent oppositions lack legal protections. By contrast, US PTAB patent trials don’t allow last minute “Chewbacca defenses”.