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Is First-To-File Constitutional?

Is the first-to-file system (FTF) proposed under the new patent reform bill; also known as the America Invents Act (AIA) constitutional? More specifically, does the FTF meet the objectives of Article 1, section 8, clause 8.

Responding to a Rejection when the Examiner’s Argument is Unclear

I was recently asked the question: Is it proper for an Examiner to select elements from a number of prior art references without connecting the elements to reject a claim as obvious? This practice is often referred to as “Cherry Picking”; selecting a reference merely because it recites an...

Benefits and Disadvantages of Supplemental Examination

Efforts to limit the use of the inequitable conduct defense have been pursued via legislative reform and case law for many years. The present result is the creation of supplemental examination (S.E.) via the America Invents Act and the ruling in Therasense, Inc. v. Becton, Dickinson & Co. Beginning...

Filing as a Small Entity to Save Money as a Large Entity

Can an application be filed and prosecuted in the name of individual (say director/president or other employee), and then latter assigned to company?

Can Ideas be Patented?

Anything can be patented if the patent application disclosure meets the requirements of 35 U.S.C. §101 (patentable subject matter), §102 (not anticipated by the prior art), §103 (is not obvious in view of the prior art) and §112 (adequately described such that one skilled in the art can make...

Mayo Collaborative Services v. Prometheus Laboratories, Inc. Decision

The Supreme Court addressed the question of whether the claims do significantly more than simply describe a natural relationship. The court’s response to that question was “no.”

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