Patents and the Public Interest – As regular readers of this column may recall, our patent system was founded to serve both the interests of the inventor and the general public.1 A […]
Non-Patentable Subject Matter – Obnoxiousness Not a Bar
Patent Claims Directed to or Encompassing a Human Organism –
Where Law, Morality, Ethics, and Religion Meet – Biotechnology and Human Dignity – While many areas of patent law are concrete and clear, neat and tidy, biotechnology patents are not. The rapid […]
Reaping What You Sow? – Not After Bowman v. Monsanto
A Key Doctrine of Patent Law – If you are familiar with patents and the laws that apply to them, you may have heard of the term, “patent exhaustion.” But what does […]
An Eerie Sound – Transitory Signals and Computer Readable Media Rejections
Patent-eligible Subject Matter – The patentability of inventions is defined in the United States by federal statute 35 U.S.C. §101 that states “Whoever invents or discovers any new and useful process, machine, […]
Solemnly Sworn – The Use of Affidavits in Patent Prosecution
“Claims 1 – 4 and 11 – 24 are rejected under 35 U.S.C. 103 …” The words any inventor dreads. Your claims have been rejected. What to do? There are a number […]
“Under the Knife” – Patenting Surgical Procedures
Patentable Subject Matter – Federal Statute 35 U.S.C. §101 establishes the patentability of inventions, stating that, “Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or […]
Patent Law 101 – What Is Patentable?
The Law – In the United States, federal statute 35 U.S.C. 101 codifies the patentability of inventions, stating that, “Whoever invents or discovers any new and useful process, machine, manufacture, or composition […]
“Anything Under the Sun That Is Made by Man” …Well, Not Quite.
The Quote and the Law. A well known phrase (to patent practitioners at least) is that patentable subject matter may include “anything under the sun that is made by man.” The phrase […]
Christmas in China
What would Christmas be these days without mentioning the words “Made in China.” From Christmas lights to wrapping paper, and even the gifts left by Santa Claus, the little gold “Made in […]
Defining Patentable Subject Matter- Software and Silicon Life Forms
What is Patentable? Inventions come in all shapes and sizes. Some can be dropped on a table and looked at, while others cannot be seen at all. These “invisible inventions” are often […]
