Category: Patent Applicant Central

Careful Claim Drafting Can Make the Difference for Software Inventions Under USPTO’s § 101 Analysis

Authors: Adam S. Boger, Ph.D., Rachel L. Emsley, and Linda J. Thayer

Since providing its Interim Guidelines on Patent Eligibility in December 2014 and additional examples in January 2015, the USPTO has received over sixty public comments. In response to the comments and recent case law developments, the USPTO released new guidelines on July 30, 2015, including an Appendix 1 with seven new examples. The examples provide analysis of claims directed to abstract ideas, particularly in the business method, graphical user interface (GUI), and software areas. Examples in the biotechnology area, the USPTO says, are “in process.” Continue reading

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Using Declarations to Invoke AIA First-Inventor-To-File Exceptions

Author: Stephanie M. Sanders
Editor: Maureen D. Queler

This chart illustrates how to use declarations under 37 C.F.R. § 1.130 to invoke an exception to 35 U.S.C. § 102(a) and have a reference disqualified as prior art. This information only applies to an America Invents Act (AIA) patent application, i.e., an application having an effective filing date on or after March 16, 2013.

Click here to read a full explanation of the chart above.

 

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Timeline of Declaration Filing/Using an ADS

Author: Adriana L. Burgy
Editor: Michele C. Bosch

Timeline of Declaration Filing Using an ADS - 2015

The chart above and the information below provide guidance for filing an inventor’s oath or declaration and submitting an Application Data Sheet (ADS). The information is meant to illustrate different scenarios and as such, one should consult the specific regulations based on any particular scenario.

Click here to read a full explanation of the chart above.

DISCLAIMER: Although we wish to hear from you, information exchanged in this blog cannot and does not create an attorney-client relationship. Please do not post any information that you consider to be personal or confidential. If you wish for Finnegan, Henderson, Farabow, Garrett & Dunner, LLP to consider representing you, in order to establish an attorney-client relationship you must first enter a written representation agreement with Finnegan. Contact us for additional information. Additional disclaimer information.

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