Tag Archives: USPTO

Kumar v. Iancu – The Dangers of an Overstuffed Preamble/Note on 37 CFR Part 4.

Posted on November 9, 2018 by Warren Woessner

On November 7, 2018, the Fed. Cir. issued a summary affirmance of the PTAB’s interference decision of September 6, 2016, in Kumar v. Sung (Patent Interference 14/322,039) which found that the claims of U.S. Pat. No. 8,541,422 were obvious over … Continue reading →

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

Posted on October 11, 2018 by Warren Woessner

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 →

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Director Iancu’s IPO Address and Judge Rich

Posted on September 27, 2018 by Warren Woessner

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 →

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Remarks by Director Iancu at IPO’s Annual Meeting

Posted on September 24, 2018 by Warren Woessner

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 →

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