Robert Barrett

Robert Barrett

K&L Gates LLP

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Patent Office Propounds New Post-Prosecution Pilot Program

On Monday, July 11, 2016, the U.S. Patent and Trademark Office (PTO) launched its new Post-Prosecution Pilot Program, or “the P3.” The P3 is designed to test its impact on enhancing prosecution after a final office action but...more

7/18/2016 - Patent Trial and Appeal Board Proposed Amendments USPTO USPTO Pilot Program

Abstract Ideas and the USPTO: Examiner Guidance Post Enfish and TLI

On May 19, 2016, the U.S. Patent and Trademark Office issued a memorandum containing a summary of two recent Federal Circuit decisions along with a directive for how patent examiners should apply the holdings of the...more

5/25/2016 - Abstract Ideas Microsoft Patent-Eligible Subject Matter Patents Section 101 Software USPTO

USPTO Clarifies Subject Matter Eligibility Procedure

On May 4, 2016, the United States Patent and Trademark Office (“USPTO”) published a memorandum to assist patent examiners (“Examiners”) in crafting subject matter eligibility rejections and analyzing applicant responses to...more

5/13/2016 - Abstract Ideas Examiners Guidance Update Patent-Eligible Subject Matter Patents USPTO

U.S. Patent Office Issues New Examples of Patent Eligibility Analysis of Life Sciences Claims

On May 4, 2016, the United States Patent Office published a subject matter eligibility update for determining patent eligibility under 35 U.S.C. § 101. The Update supplements the previous guidelines and includes additional...more

5/11/2016 - Abstract Ideas Diagnostic Method Guidance Update Life Sciences Mayo v. Prometheus Patent Examinations Patent Validity Patent-Eligible Subject Matter USPTO

Quality, Quantity and Comments: USPTO’s New Patent Quality Metrics

On Friday March 25, 2016, the U.S. Patent and Trademark Office introduced its new patent quality metrics and requested comments from stakeholders on how to further improve the proposed changes (“2017 Proposed Changes”). The...more

3/31/2016 - Comment Period Corporate Counsel Patent Litigation Patents Standard of Review USPTO

Abstract Ideas: The Patent Office’s First Take on Alice Corp. v. CLS Bank International

The United States Patent Office periodically issues guidelines for Examiners, often in response to a recent court decision or new statute. These guidelines do not have the force of law, but nevertheless establish the specific...more

7/17/2014 - CLS Bank v Alice Corp Mayo v. Prometheus Patent Applications Patent Examinations Patent Litigation Patent-Eligible Subject Matter Patents Risk Mitigation SCOTUS Software USPTO

U.S. Patent Office Issues Extensive Subject Matter Eligibility Guidelines

The United States Patent Office periodically issues guidance for examiners (“Examiners”), often in response to a recent court decision or new statute. These guidelines do not have the force of law, but nevertheless establish...more

4/15/2014 - Examiners Myriad Patent Applications Patent-Eligible Subject Matter Patents Prometheus USPTO

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