Category: Patent Prosecution

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Patent Office Rejects Key HP Invention on Appeal – Florida Patent Lawyer Blog

Written by Mark Terry    In its first decision of today, the Board of Patent Appeals and Interferences (BPAI) reversed a Patent Examiner’s 35 U.S.C. sec. 103(a) obviousness rejection of a key Hewlett-Packard software invention, but came up with a new rejection of its own – a 35 U.S.C. sec. 101 non-statutory subject matter rejection. As a Miami Patent Attorney that deals with Patent Office rejections related to software patents and software inventions almost daily, this case is instructive because it illustrates the case law on non-statutory subject matter and the process of dealing with the BPAI. The HP invention involved a software

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Board of Patent Appeals Reverses Rejection of Key Verizon Invention – Florida Patent Lawyer Blog

Written by Mark Terry    In one of its first decisions of today, the Board of Patent Appeals and Interferences (BPAI) reversed a Patent Examiner’s 35 U.S.C. §103(a) rejection of a key Verizon invention. As a Miami Patent Attorney, this case was interesting because it illustrates how a 35 U.S.C. §103(a) obviousness rejection can be reversed on appeal to the BPAI. At issue was a Verizon claim that disclosed software for an LDAP server that receives a request in first protocol format and then converts retrieved information from a second protocol format to the first protocol format. The Examiner rejected the Verizon claim

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Federal Circuit Affirms Patent Term Adjustment for Alzheimer’s Drug Patent – Florida Patent Lawyer Blog

Written by Mark Terry    Last week, the Federal Circuit affirmed a D.C. District Court decision extending the patent term of a Wyeth Alzheimer’s drug patent due to U.S. Patent and Trademark Office (USPTO) delay. As a Miami patent lawyer that deals with issued patents often, this case illustrates how a patent holder can use USPTO delays to their advantage by lengthening their patent term accordingly. At the crux of this dispute between Wyeth Pharmaceuticals and the USPTO is a process for calculating the amount that a patent term is adjusted under the American Inventors Protection Act, 35 U.S.C. 154(b).

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Board of Patent Appeals Reverses Examiner on Reasons for Combining – Florida Patent Lawyer Blog

Written by Mark Terry    Today the Board of Patent Appeals and Interferences (BPAI) of the U.S. Patent and Trademark Office reversed a Patent Examiner’s 35 U.S.C. sec. 103(a) obviousness rejection because the Examiner did not adequately explain why the ordinary artisan would have combined the cited prior art references. As a practicing Miami Patent Lawyer who responds to 35 U.S.C. sec. 103(a) obviousness rejections weekly, today’s decision of the BPAI is instructive because it illustrates a method for attacking obviousness rejections. The patent application at issue belongs to International Specialty Products, a global supplier of pharmaceutical products. The Patent Examiner found multiple prior art references

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