Section » Patent Prosecution
USPTO Issues Nearly A Quarter Million Patents in 2011
The USPTO issued a total of 247741 patents in 2011, more than any previous year. Of these, 224519 were utility patents. It is interesting to note that of these utility patents, 1693 were also filed in 2011, indicating that at least a small fraction (0.75%) of patents issue very expeditiously. Half of the patents that issued in 2011 were filed in
More Articles
USPTO Issues 21356 Design Patents in 2011
The USPTO issued 21256 design patents in 2011, which is down slightly from 2010 (22799) continuing the downward trend since 2008 when issuances peaked at 25,565. The vast majority of design patents issue without a year of filing, although in 2011, two design patents: D635989 and D637616, both filed
Incorporation by reference does not expand claim scope
In those heady days of yesteryear, when the patent filing fee was $35 and prior art was printed on crumbling paper, patent attorneys relished the word “means.” They drank coffee from a “cup means,” wrote letters with a “pen means,” and played golf with “club means.” Somehow the word “means”
Providing Support for Generous Construction of a Claimed Range
Lexion Medical, LLC v. Northgate Technologies, Inc., 2009-1494 (Fed. Cir. Apr. 22, 2011). Writing for the court, Chief Judge Rader handed patent prosecutors a checklist for getting the most out of a numerical range. First, “[t]his court prefers a claim interpretation that harmonizes the various elements
The Sin of Synonyms
As we wait for the Federal Circuit’s en banc pronouncement on inequitable conduct in Therasense, Inc. v. Becton, Dickinson, the claim construction aspect of that case illustrates a greater difficulty in patent infringement cases than divining the fraudulent intent of applicants and their attorneys.
USPTO Announces Implementation of Track One
The US Patent and Trademark Office announced yesterday that on May 4, 2011 it will implement Track One, prioritized examination, of the new three-track examination system. There will be an added fee of $4000 for requesting Track One examination on top of the regular filing fees. (As yet, there is
IS THE END IN SIGHT FOR PATENT MISMARKING CLAIMS?
In In re BP Lubricants USA Inc., [Misc. 960](March 15, 2011) the Federal Circuit granted BP Lubricant’s Petition for a writ of mandamus directing the U.S. District Court for the Northern District of Illinois to dismiss a complaint for false patent marking under 35 USC §292 filed against BP.
Meeting Ariad’s Written Description Requirement
Ariad Pharmaceuticals, Inc. v. Eli Lilly and Company, No. 2008-1248 (Fed. Cir. Mar. 22, 2010) (en banc) In a much anticipated decision, the Federal Circuit issued an en banc decision addressing the scope
Best Mode for Producing Lysine Included Undisclosed Features
In method for producing L-lysine including genetically altering E. coli, inventors failed to disclose best host strain to use and further modification that enhanced production. Ajinomoto Co. v. ITC, 2009-1081 (Fed. Cir. Mar. 8, 2010) In
New Trial for Inconsistent Verdict of Nonobvious Independent Claim, Obvious Dependent Claims
JMOL on validity reversed because judge misunderstood when art is analogous; claim constructions using dictionary and prosecution argument upheld. A JMOL on validity of the dependent claims to cure an inconsistent jury verdict for obviousness of claims dependent on nonobvious independent claims could