Posts by Stephen B. Schott
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Piling On: Even More USPTO Subject Matter Guidance
The USPTO recognizes there’s a problem in subject matter eligibility. If you don’t believe it, look at how much guidance it has issued since the Supreme Court’s Alice decision. Here’s some. Here’s some more. And how about this? And that’s not a complete list–those are just the ones I’ve written about in this blog. Well, Director Iancu is back with…
Read MoreUS Patent And Trademark Office Revises Guidance For Determining Subject Matter Eligibility
To start the new year, Director Iancu and the US Patent and Trademark Office continue what most people see as an acceleration of the pendulum towards a broader, and hopefully clearer, definition of patentable subject matter eligibility. The new Section 101 guidelines “aim to improve the clarity, consistency, and predictability of actions across the USPTO,” according to Iancu who…
Read MoreWhere Do Ideas Come From?
BY STEPHEN B. SCHOTT From nothing came Let It Be, Starry Night, calculus, East of Eden, Star Wars, the Taj Mahal, Oreos, the Internet. Somehow we look into the grey unformed nothingness clay in our heads–and we create. No one can explain how we do it–what makes this mundane sentence that I’m writing even possible–and yet…
Read MorePatent Damages For Infringing Acts Outside Of The US
One of the bedrock principles of patent law is that it only applies territorially: A US patent holder cannot sue for infringing acts in Nepal. But there are some grey areas. Specifically, US laws provide that a party can be liable for patent infringement where they make components in the US for assembly outside the…
Read MoreCriteria For Patent Law Injunctions
(Presented at the Joint Patent Practice Continuing Legal Education Seminar in May 2018) I. THE PERMANENT INJUNCTION STANDARD IN PATENT LAW The Patent Act provides for granting injunctive relief at the district court “in accordance with the principles of equity,” which means that courts apply the injunction at their discretion. “The several courts having jurisdiction…
Read MoreTop Patent Cases Of 2017
Supreme Court: Patent Infringement Lawsuits Only in State of Incorporation or Regular Place of BusinessThe Supreme Court issued a unanimous decision (it does happen) TC Heartland LLC v Kraft Food Group Brands LLC. The Court found that a plaintiff must bring patent infringement suits in the defendant’s state of incorporation or where the defendant has committed…
Read MoreAlice / Patentable Subject Matter Set To Hamilton
Attending the Benjamin Franklin Inn of Court meeting this week, I was witness to this program winning the Inn of Court National Award for Best Program.I cannot imagine a more deserving presentation: Congratulations to its creator Stewart Weiner and the many performers.
Read MoreRecent International Decisions: IP Getting Stronger Outside the US
Share on facebookShare on twitterShare on linkedin Recent IP decisions reinforce the view that outside the US, IP decisions more often favor patent and trademark holders.China: One on the patent side, one on the trademarkBefore 1985, China had no patent system, and many people have been skeptical of what system there is since then. But…
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