Tag Archives: USPTO

Phillips Standard of Claim Construction to be Used by PTAB in “AIA Proceedings”

After much deliberation, the USPTO has published a Final Rule mandating that the claim construction standard articulated by the Fed. Cir. in Phillips v. AWH Corp., 415 F.3d 1301 (Fed. Cir. 2005), and used by federal district courts, will replace … Continue reading

Posted in PTAB | Tagged , , , , , , , , | Leave a comment

Director Iancu’s IPO Address and Judge Rich

Although Director Iancu’s address primarily aims at the difficulty of determining when a claim is directed to an abstract idea, his precursor guiding light is clearly the late Judge Giles Rich. Notably, Iancu quotes from Judge Rich. These quotes are … Continue reading

Posted in Section 101 | Tagged , , , , , , , , | Leave a comment

Remarks by Director Iancu at IPO’s Annual Meeting

USPTO director, Andrei Iancu, delivered remarks at the Intellectual Property Owners Association’s 46th Annual Meeting.  Dir. Iancu indicated that a major initiative is underway at the USPTO to reduce the arbitrary and capricious application of 101 patent ineligibility to patent applications.  To read … Continue reading

Posted in Section 101 | Tagged , , , , | Leave a comment

Ex parte Ho – Burden Shifting in s.101 Rejections

In Judge Plager’s concurrence-in-part in Interval Licensing v. AOL, Inc., he describes the “small puzzle” present in the Mayo/Alice analysis of a claim identified as directed to an abstract idea: “[I]f a court, after reviewing challenged claims in light of … Continue reading

Posted in Section 101 | Tagged , , , , , , | Leave a comment