Category: patent eligibility
Yu and the Case of Shifting Tests for Patents
Saturday | June 19, 2021By Shane Skwarek101 patentapple patentpatent eligibilityphotography patentsoftware patentThe U.S. Court of Appeals for the Federal Circuit affirmed the invalidation of Yu et al.'s patent on a motion to dismiss in Yanbin Yu v. Apple Inc., No. 2020-1760, 2021 U.S. App. LEXIS 17434 (Fed. Cir. June 11, 2021).…
Read MoreHow long does it take to get a patent in 2021? And what about COVID-19?
Thursday | June 10, 2021By Shane Skwarekpatent applicationpatent eligibilitypatent lawpatent officepatent office guidancePatent ProtectionAn applicant secures a patent after successfully prosecuting the patent application at the United States Patent and Trademark Office (USPTO). When the USPTO believes an application embodies an invention worthy of a patent, the USPTO grants a Notice of Allowance.…
Read MoreFull Patent Protection vs. a Provisional Patent Application
Thursday | May 27, 2021By Shane Skwarekpatent draftingpatent eligibilityPatent Protectionprovisional patentprovisional patent applicationThe cost savings of filing a provisional patent application without consulting a professional are certainly tempting. However, such a strategy may ultimately cost more in the long run, including possibly costing valuable patent protection. What is a Provisional Patent Application?…
Read MoreThe Difference between Utility, Design, and Plant Patents
Tuesday | May 18, 2021By Shane Skwarekpatent eligibilitypatent lawpatent lawyerpatent officePatent ProtectionIntellectual property is generally separated into different categories including patents, copyrights, trademarks, and trade secrets. U.S. patent law further divides patents into three different types: utility, design, and plant patents. Each type of patent serves a similar purpose of spurring…
Read MoreTesla’s Lasers on Vehicle Patent
Tuesday | March 30, 2021By Shane Skwarekfiling patent applicationpatent applicationpatent attorneypatent claimpatent draftingpatent eligibilitypatent lawpatent lawyerpatent officepatent pendingPatent ProtectionIn May of 2019, Tesla filed a patent application for “Pulsed Laser Cleaning of Debris Accumulated on Glass Articles in Vehicles and Photovoltaic Assemblies.” Instead of using conventional windshield wipers, Tesla envisioned a system to clean debris from any glass…
Read MoreWhy Perform a Patentability Search before Filing Your Patent Application?
Monday | March 1, 2021By Shane Skwarekpatent applicationpatent attorneypatent claimpatent draftingpatent eligibilitypatent lawPatent ProtectionPatentability searches can be useful to get a better idea of whether an invention can be patented. A good search may prevent the cost of a wasted patent application on an already-invented and published invention, but can also be useful…
Read MoreIs My Idea Patentable?
Thursday | July 9, 2020By Shane Skwarekpatent attorneypatent eligibilityPatent Protectionprovisional patent applicationUnder Article I § 8 of the United States Constitution, Congress was given the power to grant inventors exclusive intellectual property rights over their discoveries. In 1952, Congress codified a law that allows “[w]hoever invents or discovers any new and…
Read MoreFederal Circuit’s Dropbox Decision: Missing the Forest for the Trees?
Saturday | June 20, 2020By Shane Skwarekabstract ideacourt rulingpatent claimpatent eligibilitysoftware patentOn June 19, 2020, the U.S. Court of Appeals for the Federal Circuit affirmed the invalidation of three Dropbox patents. The Northern District of California had granted a motion to dismiss on grounds that the claims in those patents were…
Read MoreSequenom’s More Specific Claims Survive
Monday | March 23, 2020By Shane Skwarek§ 101court rulingdiagnostic methodlitigationpatent draftingpatent eligibilitySequenomtips for inventorsThe U.S. Court of Appeals for the Federal Circuit took another look at Sequenom's techniques for detecting fetal blood cells in a maternal blood sample. In Illumina Inc. & Sequenom, Inc. v. Ariosa Diagnostics, Inc., No. 2019-1419, 2020 U.S. App.…
Read MoreCustomedia Techs. Patent for Storing Ads Invalidated
Saturday | March 14, 2020By Shane Skwarek35 U.S.C. § 101court rulingpatent applicationpatent eligibilityPatent Protectionpatentability searchsoftware patentsubject-matter eligibilityPatent claims to storing ad data based on user preferences locally at a user's video player were confirmed invalid in Customedia Techs., LLC v. Dish Network Corp., No. 2018-2239, 2020 U.S. App. LEXIS 7005 (Fed. Cir. March 6, 2020). To…
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