Patent Law News + Insights

Strategic insights and updates on US patent prosecution and global patent portfolio development, for proactive patent professionals and savvy technology executives.

Clarifying Section 101: USPTO Director Andrei Iancu Proposes New Guidance

October 18, 2018

During last month’s Intellectual Property Owners Association 46th Annual Meeting, USPTO Director Andrei Iancu announced that the USPTO is considering “revised guidance” for determining what is and isn’t patent-eligible under Section 101 —...

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Ariosa v. Illumina: Do Provisional Patent Applications Count as Prior Art?

October 05, 2018

In a previous blog post, we discussed whether secret sales should count as prior art under the AIA. The Supreme Court will address this question shortly, in Helsinn v. Teva.

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Helsinn v. Teva: Do Secret Sales Count As Prior Art Under the AIA?

September 28, 2018

In the patent world, the boundaries of what is considered prior art can be fuzzy and dynamic.

The recent case of Helsinn Healthcare SA v. Teva Pharmaceuticals USA Inc illustrates this. Helsinn asks, simply, whether secret sales should count as...

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Patenting the Internet of Things: 4 Challenges for Tech Companies

July 27, 2018

The Internet of Things (IoT) is an emerging class of technologies that’s already revolutionized the way we go about our daily lives — look no further than your smart thermostat and your WiFi enabled TV. In the United States alone, the value of IoT...

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Prosecuting Software Patents in the United States: Latest Developments

July 03, 2018

In 2014, the U.S. Supreme Court ruled in Alice Corp vs. CLS Bank that abstract ideas implemented on a computer aren’t patent eligible — but failed to define what was considered “abstract.” While the Alice decision isn’t specific to software, it has...

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Patent Assignment: How to Transfer Ownership of a Patent

June 21, 2018

This is the second in a two-part blog series on owning and transferring the rights to a patent. (Read part one here.)

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Patent Ownership Vs. Inventorship: Who Really Controls the Rights to a Patent?

June 14, 2018

This is the first in a two-part blog series on owning and transferring the rights to a patent.

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Should Software Startups Seek Patent Protection?

May 24, 2018

Software patents are somewhat controversial in both the legal and technical worlds. There’s a well-documented public policy debate about whether software patents are good or bad for the economy overall. For example,  a 2015 whitepaper by the...

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How to Slow Down Patent Prosecution With the USPTO

May 10, 2018

This is the second in a two-part blog series on controlling the speed of the patent process. (Read part one here.)

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How to Speed Up Patent Prosecution at the USPTO

April 26, 2018

This is the first in a two-part blog series on controlling the speed of the patent process. (Read part two here.)

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