Posts tagged as:

Bilski

New USPTO Director Encourages The Use of Interviews To Expedite Patent and Trademark Prosecution

September 15, 2009

In a recent “Director’s Blog” post to USPTO employees, David Kappos outlined the benefits of personal interviews to expedite the prosecution of patent and trademark applications.  Reproduced below is the post:
The practice of conducting interviews with patent and trademark applicants has been around a long time.  At times interviews are clearly productive.  At other times, [...]

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Summary of the Kappos Confirmation Hearing

Thumbnail image for Summary of the Kappos Confirmation Hearing July 29, 2009

The U.S. Senate Committee on the Judiciary conducted a nomination hearing on July 29, 2009 from 10:00 a.m. to 11:14 a.m. for David J. Kappos to be Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office.  Beverly Baldwin Martin (to be United States Circuit Judge for the [...]

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Did Pre-Bilski Claim Construction Help Doom Patent Validity In District Court?

July 13, 2009

U.S. District Courts in California continue to be somewhat hostile towards patent applications when it comes to the question of what constitutes patentable subject matter.  On July 7, the U.S. District Court for the Central District of California applied the Bilski machine-or-transformation test to the patentability of a method claim and found the claimed system [...]

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Business Method Patent Tips Offered In Wake of Bilski, Comiskey, MuniAuction

June 19, 2009

Patent practitioners discussed the viability of business method/software patent protection during a recent BNA audioconference looking at recent decisions by the U.S. Court of Appeals for the Federal Circuit.  But, they also provided clues on best strategies for litigating patents that have already been granted.
The June 3rd conference, sponsored by BNA’s Legal & Business EDge division, [...]

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Supreme Court Will Hear Bilski Despite SG’s Recommendation

Thumbnail image for Supreme Court Will Hear Bilski Despite SG’s Recommendation June 1, 2009

The case is a challenge to an en banc ruling last October by the U.S. Court of Appeals for the Federal Circuit that a process for predicting and hedging risk in commodities markets did not deserve a patent, because it was not tied to a machine, and did not result in a physical transformation.
 
The In [...]

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Solicitor General Opposes Review Of Bilski Patentable Subject Matter Test

May 7, 2009

The In re Bilski machine-or-transformation test for patentable subject matter is “drawn directly from” the U.S. Supreme Court’s decisions on the issue, the U.S. Solicitor General argued in a May 4 brief submitted in opposition to the petition for a writ of certiorari in the case (Bilski v. Doll, U.S., No. 08-964, brief filed 5/4/09).
 
Saying [...]

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Possible Strategies For The Bilski Machine-or-Transformation Test

April 17, 2009

I attended a recent BNA audioconference on patent prosecution and post-grant considerations in view of Bilski.  The conference offered the insights of practitioners Kenneth N. Nigon of RatnerPrestia, Valley Forge, Pa., and Stephen C. Durant of Duane Morris, San Francisco, on drafting claims and seeking to reissue patents put in doubt by the Federal Circuit’s Bilski decision.  [...]

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District Court Judge’s Observations On Business Method Patents After Bilski

April 5, 2009

Back on March 27, we discussed where Bilski was applied in a recent case in the U.S. District Court for the Northern District of California to invalidate a patent held by CyberSource Corp. for a system to detect fraud in online credit card transactions.  The Harvard Journal of Law & Technology’s Jolt Digest also has [...]

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Bilski Test For Patentable Subject Matter Applied in District Court

March 27, 2009

CyberSource Corp. v. Retail Decisions Inc., case number 04-cv-03268, in the U.S. District Court for the Northern District of California.
A federal judge invalidated a patent held by CyberSource Corp. for a system to detect fraud in online credit card transactions, finding that it does not meet the Bilski test. Retail Decisions Inc. was the [...]

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What’s going on with 101 rejections?

March 9, 2009

While researching a response for a 101 rejection, I found a relatively new blog – BPAI Watchdog –  focusing on recent BPAI 101 decisions.  It’s available at http://bpaiwatchdog.blogspot.com/ . 
 
I’ll let you come to your own conclusions about the quality of the science and law underpinning these decisions.  Using the Bilski ”machine-or-transformation” test, one panel emphasized that “the [...]

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