Category Archives: USPTO Practice and Policy

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

USPTO Director Outlines Challenges to the Patent System at the U.S. Chamber of Commerce Patent Policy Conference

The USPTO released a copy of the “Remarks” made by Director Andrei Iancu, that read like a major policy summary regarding challenges to the US patent system. Specific solutions were not suggested, but Iancu identified two areas that need review … Continue reading

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In re Urvashi Bhagat – The Slippery Slope of Natural Product Claims

I will start out by recommending that you read all of MPEP 2106 – Patent Subject Matter Eligibility. I rarely admire PTO policy rules and guidelines, but this section reflects a lot of work, particularly in the standards for evaluating … Continue reading

Posted in Alice, Govt Policy/PTO Policy, s.102, Section 101, USPTO Practice and Policy | 1 Comment