The Trump administration is reportedly weighing a dramatic overhaul of the U.S. patent system by replacing flat maintenance fees with an annual “property tax” of 1–5% on patent value, according to The Wall Street Journal . The proposal, led by Commerce Department officials, could sharply raise costs for many patent holders and would make the U.S. an outlier among major economies. While some argue that value-based fees could benefit patents with little or no worth, critics war

Design patent D1,000,0oo issued on September 26th. Having had two design patents issue on September 19th, I have to admit that I am slightly disappointed to have missed it by a week!

Before engaging with a client in a new patent application I make a point of reviewing the overall grant rate statistics. Typically, the acceptance rate for patent applications in the United States hovers right around 50% . In 2020, the grant rate was 53% meaning that nearly half of the patent applications submitted never resulted in a patent. While the odds may be slightly in an applicant’s favor, it is important to understand that the battle for a patent is an uphill one

With the recent increase in confirmed coronavirus cases many are concerned that ventilator supplies may run low. One man has come up with a way to create a ventilator-like apparatus by modifying a standard CPAP machine. This device is not FDA approved and does not appear to have been tested by any medical professionals; however, it’s encouraging that people are trying to come up with alternative solutions for potential ventilator shortages. Please make/use this devic

The Wuhan Institute of Virology has recently filed a patent application for the drug remdesivir to treat coronavirus. The patent was filed jointly with the Military Medicine Institute of the People’s Liberation Army Academy of Military Science. The Chinese believe that remdesivir and chloroquine (an anti-malarial drug) are effective at combating the virus. Chloroquine is an eight year old drug and China is free to manufacture it but remdesivir has been patented by

Draft legislation addressing patent eligibility is expected sometime this fall. The hope is that the bill will clarify patent eligibility issues and tackle inventions classified as abstract ideas, laws of nature and natural phenomena. Proposed changes to section 101 are expected to broaden patentability for “any invention or discovery that provides specific and practical utility in any field of technology through human intervention.” STEPS PATENT APPLICANTS SHOULD TAKE NOW

USPTO Director Iancu recently proposed new patent eligibility guidelines at the quarterly meeting of the Patent Public Advisory Committee (PPAC). Iancu noted that clarity is needed both by examiners and applicants asking, "how can a claim be novel enough to pass 102 and nonobvious enough to pass 103, yet lack an "inventive concept" and therefore fail 101? Or, how can a claim be concrete enough so that one of skill in the art can make it without undue experimentation, and pas

If you have developed a mobile application you should consider protecting your intellectual property rights by filing trademark and patent applications where applicable.  You should also consider federal copyright registration as a means of protecting the code and layout of your application.  Click here for full article.

A $1.6 Million dollar award for attorney fees was recently confirmed against a plaintiff held to have pursued a bad faith infringement action. Click here for full article

A recent ruling by the Federal Circuit held that claims must do more than simply accelerate human calculations in order to be eligible for patentability. Inventors would be wise to distinguish the role of the computer in their patent application. Click here for full article