Patent & IP news for November 2, 2016

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post image USPTO Allowance Rate from

For the chart below, I collected a randomized sample of outcomes from 30,000 utility patent applications published 2001-2016.  For each application, I identified the ‘disposal date’ – with the disposal date being either (1) the ...

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post image Never Too Late: If you missed the IPKat last week! from

Been away and want to catch up on last week's IP news? No problem! As always, the IPKat is here to bring you a quick summary --- the 120th edition of Never Too Late.

No ...

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In re Efthymiopoulos (Fed. Cir. 2016) from

By Donald Zuhn -- Last month, in In re Efthymiopoulos, the Federal Circuit affirmed the determination by the U.S. Patent and Trademark Office Patent Trial and Appeal Board affirming the Examiner's rejection of all ...

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Canada's new approach to diagnostic practices prompts division at CIPO from

In Canada, the situation has become dire for many patent applications pertaining to diagnostics.  In June 2015, the Canadian Intellectual Property Office (CIPO) released the latest in a series of Practice Notices pertaining to its ...

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WIPO Members Working Out Response To Independent Review of Development Agenda from

The first review of the implementation of the 2007 Development Agenda Recommendations aimed at infusing a development dimension into the World Intellectual Property Organization found that this implementation had been mostly consistent with the expectations ...

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Wireless Communications Patents Not Ineligible Under 35 U.S.C. § 101 from

The court denied defendants' motion for judgment on the pleadings on the ground that plaintiff’s wireless communications patents encompassed unpatentable subject matter because the claims were not directed toward abstract mathematical algorithms. "Claims 'improv ...

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WIPO Members Divided On IP Agency’s Role In Implementation Of UN Sustainable Development Goals from

Countries of the world decided in 2015 to launch an ambitious agenda to end poverty, protect the planet, and ensure prosperity for all by 2030. What should be the role of the UN World Intellectual ...

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More Rigorous Patent Examination In US Than Europe and Australia? from

A recently published study finds that, contrary to a conventional view, the United States Patent and Trademark Office undertakes more rigorous patent examination than the European Patent Office and the Australian Patent Office.

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Guest Post by Greg Reilly: Forcing Patent Applicants to Internalize Costs from Overclaiming from

Guest post by Greg Reilly (IIT Chicago-Kent College of Law), whose work on patent "forum selling" and patent discovery has previously been featured on this blog.

Conventional wisdom is that patent prosecutors should obtain the ...

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PTAB Analytics Indicate Record Highs for Bio/Pharma IPR/PGR Institution Rates from

The U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB) offers a few avenues through which any person or entity can challenge the validity of an issued U.S. patent. Two ...

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USPTO Issues Memorandum on Recent Subject Matter Eligibility Decisions from

By Michael Borella -- On November 2nd, the U.S. Patent and Trademark Office published an update to its guidance regarding the examination of claims with respect to the patent-eligibility requirements of 35 U.S.C ...

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