Category Archives: Patent Reform Legislation

Sea Change in IPR or Just an SOS? – Aqua Products, Inc. v. Matal

Sitting en banc, a fractured Federal Circuit (Appeal no. 2015-1177 (Fed. Cir., Oct. 4, 2017)) released 140+ pages comprising five separate opinions (7 Judges “concur in result”). The majority held that, at least under the current PTO regulations: “The only … Continue reading

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IPO, AIPLA and ABA IP Section Propose Legislative Fixes for Section 101

Between February and May of this year, IPO, AIPLA and the ABA IP Section have released proposals for amendments to 35 U.S.C. s. 101 to void the Mayo/Alice Rule and to clarify the definition of an “abstract idea” as it relates … Continue reading

Posted in Govt Policy/PTO Policy, Patent Reform Legislation, Section 101 | 6 Comments

USPTO Holds First Roundtable on “Subject Matter Eligibility Guidelines”

On November 14th, the PTO hosted a roundtable discussion in Alexandria on s. 101 issues in which both industry reps and practitioners were invited to dissect the current Office guidelines. The structure was unique as there were 33 invited speakers … Continue reading

Posted in Patent Reform Legislation, Patentable Subject Matter, Section 101, USPTO Practice and Policy | 1 Comment

PTO Proposes Revisions to the Duty of Disclosure (“Rule 56”)

After issuing a brief “notice” in 2011, shortly after the Fed. Cir. revised the duty of disclosure in the Therasense (76 FR at 43631), the PTO has now published a notice of proposed rulemaking to gather comments on its specific … Continue reading

Posted in Federal Court, Patent Reform Legislation, Prior Art | Leave a comment