35 USC §101 Rejections Since the U.S. Supreme Court decided Alice v. CLS Bank in 2014 there has been a drastic increase in 35 USC §101 rejections. The decision emphasized that inventions “directed to an abstract idea” are not patentable. The U.S. Patent Office has used this decision to reject a majority of software utility […]
Widerman Malek Law Blog
Lee Resigns; Matal Appointed Acting Director of USPTO
In the day following Michelle Lee’s resignation as Director of the USPTO, Joseph Matal was announced as Acting Director.
How Patents Work
Patents are paper documents and records that grant ownership of an idea to a person. In other words, if you come up with a brilliant idea, such as a gasoline powered engine, you can create a patent, or a detailed description of your invention, and then file a patent surrounding it. The patent is held […]
7 Easy Steps to Selling Your Patent
Now that you have done all the leg work and have successfully acquired your patent, you may be wondering if you should push forward into production and venture down that sometimes daunting road, or if you should put a price tag on your invention and sell it to the highest bidder? If you choose to […]
What Documents are Needed When Filing an Application for a Patent
Magazines, books, comics, clothing, and a ton of other products have specialized trademarks on them. These trademarks are used to acknowledge the source of the products. For written works, art, and anything in the artistic spectrum, copyright laws apply. Patents are different from trademarks or copyright because they deal solely with an invention of some […]
Washington D.C Attorney Daniel H. Marti Appointed as U.S Intellectual Property Enforcement Coordinator – Part 2
In an an earlier blog we discussed how there has been a new IP Czar appointed. This blog post will discuss this topic in further detail. On Thursday 28 August, the White House announced that it is nominating a new Intellectual Property Enforcement Coordinator, Daniel H. Marti. The role of Intellectual Property Enforcement Coordinator otherwise […]
The Government and Patent No. 6,630,507
Do you know what Patent No. 6,630,507 is? It’s the patent that the government gave itself for the use of medical marijuana. Yes. You read this right. The government who voiced so strongly that marijuana has no positive medical affect constituting the legalization of the drug. So if that is indeed the case, why are […]
… And Here Comes “Alice”!
Don’t look now, but it appears the post-Alice USPTO guidance regarding patent eligibility has kicked in. The following is a form paragraph recently used by an Examiner at the USPTO in a rejection of certain process claims:
SCOTUS on “Alice”: It’s The Application, Stupid!
Old habits die hard. But the U.S. Supreme Court patiently keeps trying to euthanize the habit of too many patent professionals to reflexively (but not necessarily purposefully) tie patent claims to some computer. Any computer! The latest attempt to break this habit comes in the context of the Alice Corp. Pty. Ltd. v. CLS Bank Intl. […]
Patent and Trademark Office Closed on March 3, 2014
USPTO Closed on March 3, 2014 due to weather.
