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USPTO Issues New Guidelines for Determining Subject Matter Eligibility Under 35 U.S.C. 101

USA - February 21 2019 For the fourth time in less than a year, the United States Patent and Trademark Office (USPTO) issued guidance to examiners on the question of subject...

Gary Abelev.

USPTO Updates Examination Guidelines for Patent Eligible Subject Matter

USA - April 30 2018 As noted in our recent update "Factual Questions May Preclude Early Resolution of Invalidity Under Section 101," the Federal Circuit recently...

Paul D. Ackerman.

Expenses Incurred by Government Attorneys during a 35 U.S.C. 145 Appeal Can Be Recovered by the USPTO

USA - June 23 2017 Nantkwest appealed from a district court decision awarding the USPTO expert witness fees, and the USPTO appealed the district court decision denying...

Dragan Plavsic, Tonya M. Gray.

Enablement from a Provisional Application Must Be Supported by the Disclosure and Not Require Undue Experimentation by a Person Having Ordinary Skill in the Art

USA - June 21 2017 In order for a non-provisional patent application to be enabled by the provisional patent application from which it takes priority, the disclosure in...

Dragan Plavsic, Tonya M. Gray.

Contacts with a Forum State that Occurred Prior to the Issuance of a Patent are Not Sufficient to Confer Personal Jurisdiction for a Patent Infringement Case

USA - June 19 2017 NexLearn appealed from a district court decision dismissing a case for lack of personal jurisdiction over the defendant. The CAFC affirmed the district court’s decision....

Dragan Plavsic, Tonya M. Gray.