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Patent Eligibility Jurisprudence

Patently-O

Like the dissenting judge on the panel, several of the opinions denying rehearing en banc faulted the panel majority for establishing a new “nothing more” test—if the claimed invention “clearly invokes a natural law, and nothing more, to accomplish a desired result”—for patent ineligibility. patent enforcement and litigation; c.

Patent 102
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Navigating the USPTO’s Regulatory Wave: Key Comment Deadlines for Summer 2024

Patently-O

In my view, the proposed fee increases for continuation applications, RCEs, and excess claims suggest the USPTO is using financial incentives to shape applicant behavior and encourage more compact and focused patent prosecution. This aims to deter competition barriers from multiple patents on obvious variants of an invention.

Art 45
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WIPIP, Concurrent Session #1, Design

43(B)log

A lot of settlements. Ornamentality and functionality should in theory be part of design patent; patent prosecution is virtually nonexistent for design; even remedies are different. Design patents aren’t patents. They lack almost all of the major features of utility patent. Probably a good thing too.

Designs 59
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Fish Principals Author Intellectual Property & Technology Law Journal Article, “Strategic IP Considerations of Batteries and Energy Storage Solutions”

Fish & Richardson Trademark & Copyright Thoughts

IP includes any creation of the mind, including inventions, literary and artistic works, symbols, names, images, and designs, and various forms of IP protection cover these different categories. A comprehensive IP strategy must cover all bases – prosecution, enforcement, defense, and transactions.