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Patents

Navigating the Criteria for Subject Matter Eligibility in Patent Law

When seeking to obtain a patent with a patent attorney, it is important to ensure that your claimed invention meets the requirements for subject matter eligibility. According to the United States Patent and Trademark Office (USPTO), there are two criteria for determining subject matter eligibility: (1) the invention must fall within one of the four statutory categories of process, machine, manufacture, or composition of matter, as outlined in 35 U.S.C. 101; and (2) the invention must not be directed to a judicial exception, unless the claim as a whole includes additional limitations that amount to significantly more than the exception. The judicial exceptions include abstract ideas, laws of nature, and natural phenomena (including products of nature). It is also important to note that subject matter eligibility is further limited by the Atomic Energy Act, which prohibits patents granted on any invention or discovery that is useful solely in the utilization of special nuclear material or atomic energy in an atomic weapon. To fully understand the requirements for subject matter eligibility, it is helpful to refer to the Manual of Patent Examining Procedure (MPEP) § 2106, which provides a detailed discussion on the subject, as well as specific guidance on how to evaluate claims for patent-eligible subject matter. The Manual of Patent Examining Procedure (MPEP) is a guide that is used by patent examiners at the United States Patent and Trademark Office (USPTO) to determine whether a claimed invention is eligible for a patent. MPEP § 2106 specifically deals with the issue of subject matter eligibility, which is a requirement for a claimed invention to be granted a patent. According to MPEP § 2106, there are two criteria for determining subject matter eligibility: (1) the claimed [...]

By |2022-12-31T21:27:49-05:00December 31st, 2022|Patents|Comments Off on Navigating the Criteria for Subject Matter Eligibility in Patent Law
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Updates from the USPTO: Improving the Patent and Trademark Process for Inventors and Small Businesses

In 2021, the United States Patent and Trademark Office (USPTO) made several updates and announcements to improve the patent and trademark process for inventors and small businesses. These new tools and programs are designed to increase efficiency, accessibility, and transparency in the intellectual property system. One critical development from the USPTO is the launch of the "Patent Quality Chat," an online tool that allows inventors and applicants to communicate directly with USPTO examiners. This tool enhances the patent examination process by fostering open communication and collaboration between examiners and applicants. The Patent Quality Chat is available for use on all new non-provisional utility patent applications and is expected to improve the efficiency and effectiveness of the patent examination process. In addition to the Patent Quality Chat, the USPTO has also announced a pilot program called the "Patent Pro Bono Program." This program is designed to provide free legal assistance to inventors and small businesses who may not have the financial resources to obtain professional patent assistance. The program is available in select states and is expected to expand to additional locations in the coming months. Another important update from the USPTO is the 2021 Performance and Accountability Report (PAR) release. This report provides an in-depth analysis of the USPTO's performance over the past year, including data on the number of patents and trademarks granted, the average time it takes for applications to be processed, and the agency's overall efficiency. The PAR is an essential resource for anyone interested in the inner workings of the USPTO and the state of intellectual property in the United States. Overall, the recent updates and announcements from the USPTO demonstrate the agency's commitment to improving the patent and trademark process [...]

By |2023-01-09T04:54:36-05:00December 31st, 2022|Patents, USPTO News|Comments Off on Updates from the USPTO: Improving the Patent and Trademark Process for Inventors and Small Businesses
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The STRONGER Patents Act: What It Means for Patent Owners and How Tucker Law Can Help

If you're a patent owner, you may have heard about the recently passed STRONGER Patents Act and are wondering how it will affect your rights. The Act, which was signed into law in the past month, aims to improve and strengthen the patent system in the United States. One key provision of the Act is the expansion of patent eligible subject matter to include new technologies such as artificial intelligence and blockchain. This change could make it easier for innovators in these fields to obtain patents for their inventions. The Act also includes provisions to address issues such as post-grant review proceedings and damages calculations. These changes could potentially make it easier for patent owners to enforce their rights and recover damages for infringement. If you're a patent owner and are concerned about how the STRONGER Patents Act may impact your rights, it's important to seek the advice of an experienced patent attorney. At Tucker Law, we have a team led by Registered Patent Attorney Matthew Tucker who can help you navigate the complex world of patent law. Contact a patent attorney with Tucker Law today to schedule a consultation and learn more about how Tucker Law can assist you with your case.

By |2022-12-29T20:37:14-05:00December 30th, 2022|Patents, Stronger Patents Act|Comments Off on The STRONGER Patents Act: What It Means for Patent Owners and How Tucker Law Can Help
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Supreme Court Clarifies Patent Eligibility in Return Mail, Inc. v. United States Postal Service

On December 22, 2021, the United States Supreme Court issued a ruling in the case of Return Mail, Inc. v. United States Postal Service, which has significant implications for patent law in the United States. In this case, Return Mail, Inc. (RMI) held a patent for a system for processing undeliverable mail. RMI accused the United States Postal Service (USPS) of infringing on this patent by using a similar system without a license. The USPS argued that RMI's patent was invalid because it claimed an abstract idea, which is not eligible for patent protection under 35 U.S.C. § 101. The Supreme Court agreed with the USPS, ruling that RMI's patent was indeed invalid. This ruling is significant because it reaffirms the principle that patents cannot be granted for abstract ideas. In recent years, there has been a debate over the extent to which abstract ideas, such as algorithms, can be patented. The Supreme Court's decision in this case makes it clear that patents cannot be granted for abstract ideas, and that patents must be directed towards a specific, concrete application of an idea. The ruling in this case also has implications for patent holders and those accused of infringing on patents. Patent holders will now need to be more careful to ensure that their patents claim specific, concrete applications of ideas, rather than abstract ideas themselves. Those accused of infringing on patents will have more leeway to argue that the patent in question is invalid because it claims an abstract idea. Overall, the Supreme Court's ruling in the Return Mail, Inc. v. United States Postal Service case is a victory for those who believe in limiting the scope of patent protection and promoting innovation. It [...]

By |2022-12-29T18:46:43-05:00December 29th, 2022|Patents, Supreme Court|Comments Off on Supreme Court Clarifies Patent Eligibility in Return Mail, Inc. v. United States Postal Service
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