Drafting Tips for Overcoming Obviousness Rejections and Officially Noticed Facts

In a patent application, it is important to describe the benefits and advantages that the invention provides over the prior art. This gives the invention context and provides reasons for the Examiner to find the unique features of the invention novel and non-obvious.
Defensive Uses. You may also use the benefits and advantages provided in the […]

Use GIMP to Create Informal Patent Drawings from Photos

There are times when you need to create informal patent drawings from color photos to file with an initial application. Using the free image manipulation software called GIMP and these directions you can convert a color photo to a black and white line drawing that may work as an informal patent drawing.

Federal Circuit on Tour

The U.S. Court of Appeals for the Federal Circuit will hold oral argument in Silicon Valley in November:
 The Court of Appeals for the Federal Circuit will hold hearings in several locations in Silicon Valley, California during the week of November 3, 2008. Santa Clara University School of Law, Stanford University School of Law and the […]

AIPLA Suggests Improvements at the USPTO

I previously reported on the patent prosecution costs disclosed by Alan Kasper’s testimony [PDF] to Congress as the First Vice-President of the American Intellectual Property Law Association (AIPLA). In that testimony, Alan suggested the following improvements at the USPTO:

Develop a culture within the USPTO to encourage Examiners to propose claim amendments that would, at least […]

“End Software Patents” Group Lanches and Sparks Debate

The group “End Software Patents” was born recently and asserted that (1) software patent lawsuits result in $11.26 billion in costs; (2) non-software companies are increasingly targeted for software patent infringement suits; and (3) the USPTO and the US Supreme Court [link] do not support software patentability. [Report]

Joff Wild of IAM questions the 11.26 […]

Patent Prosection Costs

Peter Zura’s 271 Patent Blog reports on the Congressional testimony [PDF] of the First Vice-President of the American Intellectual Property Law Association (AIPLA) concerning the average cost to prosecute and obtain a patent.
The Average Cost of Preparing a Patent Application:

To prepare and file an original application of minimal complexity (10 page specification, 10 claims) […]

GAO: USPTO Hiring Won’t Reduce Backlog

Wednesday the Government Accountability Office released a report [Summary] [Full Report] that found “it is unlikely that the [Patent Office] will be able to reduce the growing backlog simply through its hiring efforts.” The report provided, “The agency has also estimated that if it were able to hire 2,000 patent examiners per year in fiscal […]

Software and Information Industry Association Questions State Immunity

The Software and Information Industry Association (SIIA) filed an amici curiae brief asking U.S. Supreme Court to hear a case where State sovereign immunity for patent infringement is at issue. The issue is whether a State waives its Eleventh Amendment immunity in patent infringement actions by regularly and voluntarily nvoking federal jurisdiction to enforce […]

IAM on In re Bilski: Tightening The Standards For Software Patents

Joff Wild of IAM Magazine predicts that the Federal Circuit’s en banc rehearing of the In re Bilsk case signals a move to restrict the patentability of software and business methods. He predicts that the Federal Circuits decision will bring the United States closer in line with how Europe treats this subject matter.
He provides the […]

Method of Rewarding Waiting Customers

A statement in a IBM patent application caught my eye and made me wonder whether the yet-to-be-released-results of the Federal Circuit’s en Banc rehearing of In re Bilski [Patently-O’s coverage] could effect the patentability of the claims in this application. In Bilski the court will consider, among other things, whether a method or process […]