Category: patent eligibility

Yu and the Case of Shifting Tests for Patents

Saturday | June 19, 2021By Shane Skwarek101 patentapple patentpatent eligibilityphotography patentsoftware patent

The 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).…

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How 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 Protection

An 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.…

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Full Patent Protection vs. a Provisional Patent Application

Thursday | May 27, 2021By Shane Skwarekpatent draftingpatent eligibilityPatent Protectionprovisional patentprovisional patent application

The 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?…

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The Difference between Utility, Design, and Plant Patents

Tuesday | May 18, 2021By Shane Skwarekpatent eligibilitypatent lawpatent lawyerpatent officePatent Protection

Intellectual 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…

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Tesla’s Lasers on Vehicle Patent

Tuesday | March 30, 2021By Shane Skwarekfiling patent applicationpatent applicationpatent attorneypatent claimpatent draftingpatent eligibilitypatent lawpatent lawyerpatent officepatent pendingPatent Protection

In 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…

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Why Perform a Patentability Search before Filing Your Patent Application?

Monday | March 1, 2021By Shane Skwarekpatent applicationpatent attorneypatent claimpatent draftingpatent eligibilitypatent lawPatent Protection

Patentability 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…

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Is My Idea Patentable?

Thursday | July 9, 2020By Shane Skwarekpatent attorneypatent eligibilityPatent Protectionprovisional patent application

Under 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…

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Federal Circuit’s Dropbox Decision: Missing the Forest for the Trees?

Saturday | June 20, 2020By Shane Skwarekabstract ideacourt rulingpatent claimpatent eligibilitysoftware patent

On 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…

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Sequenom’s More Specific Claims Survive

Monday | March 23, 2020By Shane Skwarek§ 101court rulingdiagnostic methodlitigationpatent draftingpatent eligibilitySequenomtips for inventors

The 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.…

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Customedia Techs. Patent for Storing Ads Invalidated

Saturday | March 14, 2020By Shane Skwarek35 U.S.C. § 101court rulingpatent applicationpatent eligibilityPatent Protectionpatentability searchsoftware patentsubject-matter eligibility

Patent 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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