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Section 112 Patent Examinations

Akin Gump Strauss Hauer & Feld LLP

Federal Circuit: Indefiniteness Is Not Judged by the “Claim Language, Standing Alone”

Evaluating whether a patent claim is sufficiently “definite” under 35 U.S.C. § 112 requires looking beyond just the claim language itself. The Federal Circuit reaffirmed this fundamental principle in a recent decision...more

Holland & Knight LLP

A Federal Circuit Quarrel: Patent Eligibility, Enablement and a Fiery Dissent

Holland & Knight LLP on

There is an ongoing struggle over § 101: the Federal Circuit struggles over the appropriate scope; the lower courts struggle to apply the Federal Circuit's decisions; litigants struggle due to the aforementioned. This has...more

Mintz - Intellectual Property Viewpoints

Understanding the USPTO’s Interpretation of 35 U.S.C. § 112 for Computer-Implemented Functional Claim Limitations

Patent practitioners, inventors, in-house counsel, and patent examiners alike have been clamoring for more guidance on computer-implemented functional claim limitations invoking § 112(f) since the Federal Circuit’s en banc...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Global Patent Prosecution - February 2019: 5 Things To Know About USPTO’s New Eligibility Guidance

On January 7, 2019, the U.S. Patent and Trademark Office (USPTO) issued new guidance on Patent Eligibility, seeking to improve the overall clarity, consistency, and predictability of patent eligibility analysis performed by...more

McDermott Will & Emery

PTO Releases Revised Patent Subject Matter Eligibility and Functional Claiming Guidelines

In view of recent US Court of Appeals for the Federal Circuit decisions, the US Patent and Trademark Office (PTO) issued two new guidelines: revised 2019 Patent Subject Matter Eligibility Guidance, and Examining...more

Proskauer - New England IP Blog

USPTO Announces 2019 Revised Patent Subject Matter Eligibility Guidance

On January 4, 2019, the United States Patent and Trademark Office (“USPTO”) released a significant, much-awaited revision to its patentable subject matter eligibility guidance. The “2019 Revised Patent Subject Matter...more

Fenwick & West LLP

Seven Questions for the USPTO Following the Berkheimer Memorandum

Fenwick & West LLP on

Hot on the heels of the Federal Circuit’s April ruling in Berkheimer v. HP, the U.S. Patent and Trademark Office issued a memorandum that, if adopted as part of the Manual of Patent Examination Procedures, would provide...more

Jones Day

In Precedential Decision, Board Says Packard, Not Nautilus, Governs Indefiniteness During Pre-Issuance Examination

Jones Day on

...In a recent (and rare) precedential decision, the Board reaffirmed that the Supreme Court’s decision in Nautilus does not change “the USPTO’s long-standing approach to indefiniteness” in the context of pre-issuance...more

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