Category Archive for "Patent Law"

China & India take steps to make software patenting easier

China and India recently revised their patent office guidelines for the examination of software-related inventions. In both cases the guidelines broaden the scope of patent eligible subject matter and generally create a positive climate for patenting software-related inventions.

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A road map for patent obviousness

It probably comes as no surprise that inventions that are obvious aren’t eligible for patents. Yet arguments over obviousness land in the court all the time. A recent ruling by the Federal Circuit Court of Appeals (which hears all patent-related appeals) in Millennium Pharmaceuticals, Inc. v. Sandoz Inc. illustrates several arguments that can arise when the obviousness of an invention — and therefore the validity of its patent — is at issue.

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SCOTUS clarifies doctrine limiting patent rights

Exhausted yet? Anyone who has ever tried to avoid the high prices of toner cartridges by purchasing refills from so-called remanufacturers will be interested in a recent ruling from the U.S. Supreme Court — and many patentees should be interested, too. In Impression Products, Inc. v. Lexmark Int’l, Inc., the Court provided some important clarifications to the patent exhaustion doctrine that limits a patentee’s rights.

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Coding error: Court rejects software patent

Oops — they did it again. The Federal Circuit Court of Appeals has rejected yet another software patent. The court, which hears all appeals involving patents, found that the patent was for a patent-ineligible invention.

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SCOTUS limits venue for patent lawsuits

In a landmark decision, the U.S. Supreme Court has dramatically tightened the restrictions on where patent owners can file infringement lawsuits. The court’s unanimous ruling is expected to rein in the “forum shopping” that so often occurs in patent infringement cases, where patentees try to file in judicial districts considered to be more plaintiff-friendly, such as the defendant-dreaded Eastern District of Texas.

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The India Patent System: A Decade in Review

In a recent article in the journal Cybaris, Jay Erstling—along with Indian patent attorneys Vindhya S. Mani, Divyanshu Srivastava, Mukundan Chakrapani—discuss the progress of patent law in India. They cover issues such as exclusions from patentability under Indian patent law, disclosure requirements, the compulsory

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Patterson Thuente Listed on 2017 IAM Patent 1000

We are proud to be listed among the top patent firms in the world in this year’s IAM Patent 1000. Patterson Thuente appears in the prestigious publication, published by Globe Business Media Group of London, as one of the world’s leading patent service providers. IAM is acknowledged within the industry as the leading IP business media platform; as such, we are honored to have our own Amy Salmela, Jim Patterson, Eric Chadwick, and Brad Pederson featured as distinguished professionals. IAM characterizes Patterson Thuente as a firm that “excel[s] at developing and executing strategic solutions to the complex IP matters that are crucial to success in today’s highly competitive global marketplace,” and highlights our “interdisciplinary expertise, deep technical and scientific knowledge and clear understanding of how intellectual property affects [our] clients’ bottom line.” Further information, quoted from IAM’s official press release, underscores the significance of this honor. The IAM Patent 1000 has become the definitive directory
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Amy Salmela Profiled in Minneapolis/St. Paul Business Journal

Patterson Thuente’s Amy Salmela is the focus of a July article in the Minneapolis/St. Paul Business Journal. A link to the article is included below (full text available to subscribers), which spotlights Salmela’s rise through the firm, and her current objectives to increase diversity. Read the Article
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Business method patent surprisingly survives judicial scrutiny

Business method patents on software have had a tough time in the courts in recent years. But a recent ruling may now provide some hope for patent holders. The Federal Circuit Court of Appeals’ decision in Trading Technologies Int’l, Inc. v. CQG, Inc. marks a rare example of the court finding software to be patent-eligible. The ruling provides valuable guidance on just what it takes for these patents to withstand judicial scrutiny.

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Why novelty doesn’t make abstract ideas any less abstract

When the inventors of a new design process admitted that they had mentally performed the patented steps themselves, the Federal Circuit Court of Appeals took them at their word. The patent holders in Synopsys, Inc. v. Mentor Graphics Corp. ultimately failed the two-step abstract ideas test.

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