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Bilskiblog Blog

Articles: 1-10 of 31

#ALICESTORM: August 2018 Update

USA - August 13 2018 Since our last update in June 2017, all the invalidation averages for decisions finding lack of subject matter eligibility have trended slightly…

Two Steps Forward, One Step Back

USA - June 19 2018 If the focus on fact finding in Aatrix, Berkheimer, and Exergen from earlier this year helped provide additional clarity on the analysis of “something…

Our Attention is Now Directed To: “Directed To”

USA - April 18 2018 My last post focused on definitions for the terms “well-understood,” “routine,” and “conventional”—or W-URC—from the subject matter eligibility test…

How Well-Understood is the Meaning of “Well-Understood”?

USA - April 6 2018 The Federal Circuit has now had enough opportunity to address Mayo’s “well-understood, routine, conventional” test that we should have a good…

Good Vibrations, Bad Vibrations: American Axle v. Neapco Ruling

USA - March 14 2018 In reading post-Mayo/Alice decisions, some seem more comfortable than others. I’ve been having a tough time getting my head and heart around a recent…

Thawing in the 3600s? An Updated Look at Allowance Rates Post Alice

USA - March 5 2018 In my own prosecution practice I’ve noted a recent uptick in the allowance rate of many examiners in the 36XX art units, with several examiners that…

Seeing a Forest, Not Just Trees: Core Wireless v. LG

USA - February 20 2018 Do you remember obviousness before KSR v. Teleflex? To invalidate, the rule went, one must find an express rationale for combining references (a…

Did you hear about the statistician who drowned in a lake with an average depth of two feet?

USA - November 21 2017 I was reminded of this question, often posed by my dad to remind me not to become a slave to statistics, by two dramatic things that happened last…

Surviving Alice with an Appeal

USA - September 20 2017 This third article in the “Surviving Alice” series examines how the USPTO’s Patent Trial and Appeal Board has responded to the U.S. Supreme Court’s…

Examiner Citations of Smartgene, Cyberfone Drop After McRo Memo

USA - June 9 2017 After Alice, the USPTO's various guidance memoranda included references to non-precedential Federal Circuit decisions, particularly SmartGene…