Category Archives: USPTO Practice and Policy

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

Posted in Alice, USPTO Practice and Policy | Leave a comment

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

Ali v. Carnegie Institution of Washington – Where Did Ali Go Off the Rails?

In view of the IP hornets’ nest stirred up by Judge Bryson’s ruling in Allergan and the St. Regis Mohawk Tribe v. Teva Pharm. Inc., Case No. 2:15-cv-1455-WCB (E.D. Tex. , Oct. 16, 2017), which may or may not have … Continue reading

Posted in Federal Court, Hatch-Waxman, Litigation Issues, Post-Grant Issues, USPTO Practice and Policy | 4 Comments

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

Posted in Federal Court, Patent Reform Legislation, Post-Grant Issues, USPTO Practice and Policy | Leave a comment