Filewrapper

Post-Grant Review of CBM Patents

By Blog Staff

A previous Filewrapper® blog post regarding the legal standard for determining whether a patent qualifies as a Covered Business Method (CBM) patent can be found here. To better understand that discussion, it may be helpful to explain the nature of a CBM patent and the process of reviewing a CBM patent post-grant, which the America […]

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Gene Editing Regulatory Setback

By Heidi Sease Nebel

The gene editing world was dealt a tremendous blow by the European Union (EU) in a decision issued July 25, 2018. The shock comes as the United Stated Department of Agriculture (USDA) recently announced that it would treat all gene edited crops with a deletion as outside of the regulations relating to “genetically modified” crops.  […]

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Have You “Got Milk”?

By Christine Lebron-Dykeman

When you hear the term “Milk”, what comes to mind? Do you automatically think of cow’s milk (or perhaps sheep or goat milk) or do you have a broader definition in mind that covers almond, soy, cashew and other nuts, soybeans, or other plant sources? In 2013, a class action lawsuit was filed claiming that […]

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Federal Circuit Judge Calls for a Fix to the “Abstract Idea” Mess: Part 2

By Kirk M. Hartung

Last week, I began a blog series on the “Abstract Idea” and hope you will continue to follow this critical topic. The previous post from last week can be found here.  The concerns regarding the current state of the law regarding patent eligibility raised by Judge Plager in his recent dissent in the decision by […]

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Federal Circuit Judge Calls for a Fix to the “Abstract Idea” Mess: Part 1

By Kirk M. Hartung

I will be posting for the next several weeks in a series regarding the infamous “Abstract Idea” Mess. Stay tuned for next week’s series follow-up! In a decision of the United States Court of Appeals for the Federal Circuit (CAFC) dated July 20, 2018, and including AOL, Apple, Google and Yahoo as defendants, Judge Plager […]

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What is an Abstract Idea?

By Blog Staff

In January of 2018, the United States Patent and Trademark Office (USPTO) published its latest revision of the Manual of Patent Examining Procedure (MPEP). With regard to patent eligibility, especially on the issue of abstract ideas, the MPEP was extensively updated. The January revision lays out a similar process as was previously used to determine […]

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AIAA Presents 2017 Daniel Guggenheim Medal to Inventor Paul M. Bevilaqua

By Gregory Lars Gunnerson

The AIAA chose to honor Paul M. Bevilaqua by presenting him with the 2017 Daniel Guggenheim Medal. The Daniel Guggenheim Medal was established in 1929 for the purpose of honoring persons who make notable achievements in the advancement of aeronautics. The Medal is jointly sponsored by AIAA, ASME, SAE, and AHS. The medal is considered […]

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10 MONTH CONVERSION DEADLINE?? New Bayh Dole Regulations a Trap for the Unwary

By Heidi Sease Nebel

Under the Bayh-Dole Act, businesses and nonprofit organizations that receive federal government funding, such as the National Institutes of Health (NIH), the United States Department of Agriculture (USDA), or Small Business Innovation Research (SBIR) grants, may retain ownership of inventions and patent applications that have been made with such funding. The requirements to retain ownership […]

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Federal Circuit Offers Guidance on the Legal Standard for CBM Patents

By Blog Staff

On July 11, 2018, in Apple Inc. v. ContentGuard Holdings, Inc., the United States Court of Appeals for the Federal Circuit (CAFC) clarified what the proper legal standard is for determining whether a patent qualifies as a covered business method (CBM) patent. The CAFC vacated and remanded a decision made by the Patent Trial and […]

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Federal Circuit Addresses Patentability in Terms of Non-Statutory Subject Matter

By Blog Staff

On June 20, 2018, in In re Wang, the United States Court of Appeals for the Federal Circuit (CAFC) held that patent application claims describing a phonetic symbol system were not patentable because it was directed to non-statutory subject matter. Patentable subject matter is laid out in 35 U.S.C. § 101, which states that patentable […]

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