IP LEGISLATION

We have an update to our prior blog post relating to Sequenom v. Ariosa Diagnostics.  On June 27, the Supreme Court denied certiorari to Sequenom, Inc.  As such, the application of § 101 in the biotech and life sciences space remains cloudy.  The denial was issued despite the... read more
Well, that surely didn’t take long. Gene Quinn, at IPWatchdog.com, points to a letter sent to President Obama (PDF) from over 130 manufacturing companies located in the United States urging the administration to shelve patent reform.  In the letter, the parties clearly articulate their... read more
As you may or may not already know, on November 1, 2007, the USPTO’s new claims and continuation rules become effective.  The new rules change various aspects of continued examination filings, requests for continued examination, and divisional filings.  This post covers the key rule... read more
As the dust settles on the patent frontier, I bet every patent attorney/inventor/corporate counsel/law student is sitting at their desk reading and re-reading the USPTO rules.  Lucky for you, this week we are providing the key highlights via PHOSITA.  Today’s topic….... read more
You are no doubt on the edge of your seat waiting to see what other changes are in store if the Patent Reform Act of 2007 is enacted.  Well, wait no longer, this blog post brings to you not one, but two more proposed changes to the current Patent System:  (1) Prior User Rights and (2... read more
This news report surprised me as I had never given much thought to the impact patent reform might have on the types of interests represented by Labor Unions.  But it makes sense. The U.S. patent system provides a barrier to entry for “knock offs” of successful technologies and, as... read more
The other day I mentioned a chart from the Economist outlining the largest patent granting countries – with Japan coming out on top. The Intellectual Asset Management Magazine also picked up on the online chart and added some additional thoughts to the debate concerning software patents.... read more
Patent reform is the buzzword around the patent world right now and, for once, the news is not limited to geeks, wonks and inventors.  The mass media appears to have gotten the "patent reform" bug as well - although, it appears that the "fixing the ridiculous" meme is taking hold.  For... read more
Of course the PTO has no ‘official policy’ relating to the dis-allowance of patent applications.  It is merely coincidence that the number of allowances have plummeted …. while the “backlog” continues to grow… Anyone have a FOIA form handy?  Discussion:  Matt Buchanan on “... read more
FedCirc.us (Matt/Steve/and I) announced earlier today the availability of a free preview issue of The Resolution, the inaugural issue of our quarterly magazine, The FedCirc.us Reader.  Download the .pdf here. According to Matt: The Resolution will give you a sneak-peak at the features of the... read more
As many readers know, the U.S. PTO has been pounding its chest over the past year with threats of implementing a draconian and, as believed by many, unconstitutional rule limiting the availability of continuation applications.  Matt has a couple of great posts on the subject of the ‘... read more
There is a new podcast available over at Rethink(IP): We are proud to announce that our newest podcast is available for your down loading and listening pleasure – Rethink(IP) Aloud #6.  The audio is approximately 47 minutes long and the file is a 41.1MB file.  If you want to grab... read more
A couple of weeks ago, the IP Section of the Oklahoma Bar Association conducted its annual CLE seminar at Tanglewood Resort on Lake Texoma.  My partner, Nick Rouse, was in charge of the weekend and did a phenomenal job. The lecturers were top notch and although I am a bit biased, I would have... read more
What is a patent troll? Everyone in the patent community has a general idea of what makes a patent owner a troll, but I can't find a litmus test definition anywhere.  If you've got one, please put it in the comments.  I'm looking for a definition that allows me to... read more
Rep. Tom Davis (R-Va.) asked the director of the U.S. Patent and Trademark Office on Friday if the controversy over who controls the patents for Research in Motion (RIM) BlackBerry technology indicates that USPTO needs to reform how it examines patent applications, according to a press... read more