Category Archives: Claim Construction

PTO Releases Revised Guidance on Compliance with Mayo/Alice Rule

On April 19, the USPTO released a Memorandum from Robert Bahr, The Deputy Commissioner for Patent Examination Policy, that summarized the support required for a finding if a claim directed to a judicial exception to s. 101 eligibility under Step … Continue reading

Posted in Alice, Claim Construction, Forum, Patenting Methods/Processes, Written Description Requirements (WDR) | Tagged , , , , , , , | Leave a comment

PTO Proposes to Change Claim Construction Standard Used by PTAB

On May 9th, the USPTO released a short “Notice of proposed rulemaking” entitled “Changes to the Claim Construction Standard for Interpreting Claims in Trial Proceedings Before the Patent Trial and Appeal Board.”  In brief the Notice proposes to replace the broadest … Continue reading

Posted in Claim Construction, PTAB, USPTO Practice and Policy | Tagged , , , | 1 Comment

USPTO Memorandum Seeks to Clarify “Inventive Concept” Requirement

On April 19, 2018, the USPTO released a Memorandum from Robert Bahr, The Deputy Commissioner for Patent Examination Policy, to the Examiners,  that summarized the support required for a finding whether or not a claim directed to a judicial exception … Continue reading

Posted in Alice, Claim Construction, USPTO Practice and Policy | 1 Comment

Exergen Corp. v. Kaz USA, Inc. – A Crack in the Patent Eligibility of Diagnostic Claims?

In Exergen Corp. v. Kaz USA, Inc., Appeal No. 2016-2315, 2016-2341 (Fed. Cir., March 8, 2018) (Non-precedential). A panel of Moore, Bryson and Hughes (Hughes dissenting), upheld a district court decision, following trial, that claims to a method of measuring … Continue reading

Posted in Alice, Claim Construction, Section 101 | Leave a comment