Posts Tagged ‘IP law tools’

Chisum Patent Academy – Seattle 2015 Seminar Takeaways

Wednesday, August 19th, 2015

This is a guest post from Donald Chisum and Janice Mueller.

iStock_000017522821_SmallOn August 12-14, 2015, the Chisum Patent Academy held a three-day seminar at the historic Mayflower Park Hotel in downtown Seattle, Washington to discuss and debate current developments in U.S. patent law. The roundtable seminar group was limited to ten persons; sessions were led by treatise authors and educators Donald Chisum and Janice Mueller.

The recap of takeaways from the seminar can be found here:

Takeaways from Our Seattle 2015 Seminar

Patent Office Publishes Subject Matter “Update”

Thursday, July 30th, 2015

updateToday (July 30th), the Patent Office released an 11 page “July 2015 Update” on patent-eligible subject matter (or not). (A copy of the update and appendices can be found at the end of this post.) Most of the “Update” focused on clarifying the December 2014 revised guidance. Also released were new examples 21-26–including ones modeled on Flook and Diehr. None of the new examples related to the life-sciences. Also released were an Appendix 2 that indexed all of the examples released since December 2014, and an Appendix 3, summarizing all of the case law discussed.

So if you are a life sciences person, you need only peruse the “Update.” It spends considerable space discussing how to apply the December 2014 Guidance, but the takeaway is that you need to rebut the natural product exception with a showing of markedly difference characteristics (2A) or else you fall into the dreaded “significantly more” circle of Hell called 2B. There is also some attempt to clarify the role of the “Streamlined Analysis” and preemption, that I don’t think clarified anything and that Examiners ignore anyway.

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25 Critical Patent Enforcement Developments

Wednesday, April 8th, 2015

News from Chisum Patent Academy

25 Critical Patent Enforcement Developments

The Acfaculty-large-janice-e1402305426293ademy is pleased to announce the April 2015 publication of the annual Update for Volume II (Patent Enforcement) of the practitioner treatise, Mueller on Patent Law, authored by our co-founder, Janice M. Mueller.

The two-volume Mueller on Patent Law treatise is published by Wolters Kluwer Law & Business. Volume I (published 2012) addresses patentability, validity, and prosecution procedures; Volume II (published 2014) covers patent infringement, USPTO MOPL-cover-e1339620575906-150x150post-issuance procedures, design patents, and international patenting issues. For detailed tables of contents for both volumes, click here.

The full text of the 2015 Update for Volume II (Patent Enforcement) is available electronically on Wolters Kluwer’s Intelliconnect subscription platform. By examining in detail each of the cases highlighted below (plus many others), the 2015 Update adds extensive and valuable new matter to Volume II.

Highlights of the April 2015 Update for Vol. II:

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USPTO Myriad-Mayo Guidance Still Not At An Alpha Standard

Tuesday, March 24th, 2015

This is a guest post from Paul Cole.

iStock_000029586246_SmallAs readers will be aware, the USPTO published revised Guidance on Section 101 eligibility in December 2014 together with Nature-Based Examples and Abstract ideas examples. These materials and the case-law on which they were based appear on a dedicated web-page.

A Forum on the revised Guidance was held on 21 January with contributions from Raul Tamyo on behalf of the USPTO and from eight members of our profession. Their slides are accessible on the web-page. It also promises a Forum Replay in three parts, but those wishing to hear in detail what was said will be disappointed because the three links are broken and play nothing. The comments period ended on 16 March, and the absence of a workable Forum Replay (which has been pointed out to the USPTO) would arguably in itself justify an extension of the comments period for our profession and for the public.

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