News & Analysis as of

MPEP Patent Examinations

Winstead PC

Determining the Patent Eligibility of Inventions Under the New USPTO Guidelines

Winstead PC on

Under the U.S. Patent Act, one can patent “any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof.” Common exceptions to what can be patented include laws of...more

Nutter McClennen & Fish LLP

New USPTO §101 Guidelines Adopt Policies Favorable to Patent Applicants

Decisions by the Supreme Court and the Federal Circuit over the past decade have wrestled with the question that 35 U.S.C. §101 was intended to answer: What is eligible for patent protection? The text of §101 says a patent...more

Knobbe Martens

Hyatt v. Pato

Knobbe Martens on

Federal Circuit Summary - Before Reyna, Wallach, and Hughes. Appeal from the United States District Court for the District of Nevada Summary: District Courts have jurisdiction to hear APA challenges to the PTO’s denial...more

Proskauer - New England IP Blog

USPTO Updates Patent Eligibility Guidance in View of Federal Circuit Berkheimer Opinion

The U.S. Patent and Trademark Office (USPTO) recently issued a memorandum to its patent examining corps that changes the way examiners should evaluate the question of whether a claim element is “well-understood, routine,...more

Womble Bond Dickinson

Strategies to Argue Patentable Subject Matter per USPTO Eligibility Memo

Womble Bond Dickinson on

It is time to take a deeper look and derive or strengthen some strategies to argue for patentable subject matter eligibility during patent prosecution, now that the first round articles on the USPTO Memorandum April 19, 2018,...more

Jones Day

Change Is Coming (Maybe): Reviewing the AIA Reviews and 101 “Clarity”

Jones Day on

On April 18, 2018, the Director of the USPTO Andrei Iancu informed the U.S. Senate Judiciary Committee that he aims to propose changes to America Invents Act reviews by this summer 2018. The Director told the Committee that...more

Knobbe Martens

Improper Markush Rejection: The New Kid on the Patent Block

Knobbe Martens on

The U.S. Patent and Trademark Office (“USPTO”) quietly increased the examiners’ arsenal by slipping a new rejection into the latest revision of the Manual of Patent Examining Procedure (“MPEP”) released last month. One of the...more

Mintz - Intellectual Property Viewpoints

Latest Tool in the Fight against Alice: USPTO Publishes a New Eligibility Quick Reference Sheet

Struggling to keep case law relating to subject matter eligibility organized? In February 2018, the United States Patent and Trademark Office (USPTO) released an improved Eligibility Quick Reference Sheet, providing patent...more

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