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USPTO Updates 112 Guidance: Presumption Shift of Functional Limitations
January 10, 2019
Post by Oliver P. Couture, Ph.D.

Post By Oliver Couture Recently, the United States Patent & Trademark Office (USPTO) has announced plans to update their guidance on functional claim language under 112 and will after a period of public input. This update will likely require a more detailed specification for functional claims or result in narrower claims. Under the proposed 112 guidelines, which are aimed more specificall....... Read More


USPTO Updates 101 Guidance: Making Abstract More Concrete
January 08, 2019
Post by Oliver P. Couture, Ph.D.

Post By Oliver Couture Recently the United States Patent & Trademark Office (USPTO) has announced plans to update their guidance on 101 issues and will do so after a period of public input in order to increase clarity during prosecution. This update will replace, not just update, several sections of MPEP 2106. The update will also provide practitioners a more solid ground to argue 101 issues during pro....... Read More


Has Alice Killed all the Fun?
January 07, 2019
Post by Oliver P. Couture, Ph.D.

Post By Oliver Couture Games, both the physical board and the methods of playing them, have had a long history of patent eligibility. For example, in 1904 Elizabeth Phillips patented the game board for Landlord’s Game, which was then later controversially patented by Charles Darrow in 1934 as Monopoly. While both of these patents were to the physical boards with their distinctive spaces, in 1994 Richard Ga....... Read More


The Rollercoaster Ride of Gene Therapy
December 21, 2018
Post by Oliver P. Couture, Ph.D.

Post By Oliver Couture Gene therapy has had several ups and downs since the idea of editing genes for therapy was first published in 1972. While there have been several instances of successful attempts of treatment in humans, there have also been cases failures which have, at times, temporarily halted clinical studies. One of the main issues with gene therapy has been the targeting of the molecular machinery t....... Read More


PTAB Makes Broadest Interpretation on Estoppel in IPRs
November 12, 2018
Post by Oliver P. Couture, Ph.D.

Post By Oliver Couture Drafting post grant proceeding petitions needs to be done carefully due to their limited space. Last week, the Patent Trial and Appeal Board (PTAB) further increased the pressure to use the limited number of words effectively when Kingston Technology Company, Inc. v. Spex Technologies, Inc. (Case IPR2018-01002) was entered. Kingston, the petitioner, attempted to file a second IPR bas....... Read More


CRISPR: Broad Institute Holds onto its Piece of Pie, and it’s Delicious!
September 13, 2018
Post by Oliver P. Couture, Ph.D.

Post By Oliver Couture On Monday, September 10th, the Court of Appeals for the Federal Circuit (CAFC) upheld the decision from the Patent Trial and Appeal Board (PTAB) on the interference between the Broad Institute and the University of California. The PTAB held, and the CAFC upheld, that given the difference between prokaryotic and eukaryotic cells, one skilled in the art would not have had a reasonable ....... Read More


AUTM’s Recommends Narrow Changes to NIST on the ROI Initiative
July 27, 2018
Post by Oliver P. Couture, Ph.D.

Post By Oliver Couture The National Institute of Standards and Technology (NIST) recently issued a public Request for Information for the Return on Investment (ROI) Initiative. The Association of Technology Managers (AUTM), who supports the ROI Initiative, stresses in their response that the fundamental principles of the Bayh-Dole Act be preserved. As pointed out by AUTM, Bayh-Dole has significantly contri....... Read More


USPTO Director Andrei Lancu Takes a Look at Early Prosecution
May 24, 2018
Post by Oliver P. Couture, Ph.D.

Post By Oliver Couture This week, the USPTO Director, Andrei Iancu, testified before the House Judiciary Committee. In his written statement Director Iancu wrote on topics related to early prosecution that would result in lower costs to clients and would speed up the process of obtaining a patent. A new pilot program that will allow for a pre-search Examiner interview is being planned. The goal of the intervie....... Read More


Patentability and Patent Protection: Is the Pendulum Starting to Swing Back?
March 23, 2018
Post by Oliver P. Couture, Ph.D.

Post By Oliver Couture The latest US Chamber of Commerce Global Innovation Policy Center’s International IP Index still places the US on top overall for intellectual property. However, this is due to strength in enforcement of copyrights and trademarks, and improvements in identifying counterfeit goods before they enter the country. According the to Index, the US has dropped to 12th place out of 50 economi....... Read More


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The attorneys of McKee, Voorhees & Sease, P.L.C. designed this blog as an informational and educational resource about intellectual property law for our clients, other attorneys, and the public as a whole. Our goal is to provide cutting-edge information about recent developments in intellectual property law, including relevant case law updates, proposed legislation, and intellectual property law in the news.

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