Category Archives: Appeals

Ex Parte Patterson: Assay Based on Two “Natural Phenomena” Does Not Equal One “Inventive Concept”

According to the “Mayo/Alice” rule, if a claim is directed to a “natural phenomena” such as the relationship between the a drug’s metabolite concentration following administration of an immunosuppressive drug and the therapeutic window of efficacy of the drug, the claim … Continue reading

Posted in Alice, Appeals, Obviousness, Section 101 | Tagged , , , | Leave a comment

Sixteen Critical 2016-2017 Patentability & Validity Developments

This is a guest post from Donald Chisum and Janice Mueller of the Chisum Patent Academy. Below are highlights of the Critical  Patentability & Validity Developments of 2016-2017.   The Federal Circuit’s January 2017 decision in Sonix Tech. Co. v. Publications Int’l, … Continue reading

Posted in 102 Patentability, Alice, Appeals, Assignment/Ownership, Claim Interpretation, Federal Court, Infringement, Post-Grant Issues, USPTO Practice and Policy | Leave a comment

Transubstantiation of a Machine into an Abstract Idea

In the Catholic Church “transubstantiation” is the belief that the wafer and the wine become the actual body and blood of Christ during the communion ceremony. Recently, the PTAB went into the mystic to transform claims to a multi-station MRI … Continue reading

Posted in Appeals, Section 101 | 1 Comment

PTO Announces Requirements for Expedited Appeals for Small Entities

For some years, I have complained that the lack of a timely appeal process to the Board (“PTAB”) effectively removes the appeal process as a prosecution tool. The average pendency of an appeal to the Board from a rejection arising … Continue reading

Posted in Appeals, Patent Reform Legislation, s.102 | Tagged , | Leave a comment