Posts tagged as:

CAFC

USPTO Announces Interim Procedure for Patentees to Request Patent Term Adjustment Recalculation

January 29, 2010

The United States Patent and Trademark Office (USPTO) announced on January 28, 2010 that it will provide patentees with the ability to request a recalculation of their patent term adjustment without a fee or petition as is normally required pending completion of necessary modifications to the USPTO’s computer program for calculating patent term adjustments.  The agency [...]

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USPTO Calculations For Patent Term Adjustments Have Been Wrong

January 12, 2010

The U.S. Patent and Trademark Office (USPTO) has been erroneously calculating the periods of patent term adjustment for PTO delays in issuing patents, the U.S. Court of Appeals for the Federal Circuit held on January 7, 2010.  The court refused to accept the PTO’s interpretation of 35 U.S.C . 156(b)(1) for purposes of identifying “periods [...]

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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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CAFC: Tafas v. Doll decision out today

March 20, 2009

Summary:  Continuation limit contrary to patent act; all other rules, including RCE and ESD, are not –> based only on arguments presented (see below)
 
Final Rules are procedural rules that are within the scope of the USPTO’s rulemaking authority:
 
- 75  (limits an application to five independent claims or twenty-five claims total)
 
- 78  (restricts to two the number [...]

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