article thumbnail

The Shift Towards Primary Examiners: Implications for Patent Prosecution

Patently-O

by Dennis Crouch In recent years, the United States Patent and Trademark Office (USPTO) has undergone a significant shift in its examiner composition, with real implications for patent prosecution strategies. Prior to 2015, over 35% of patents were examined by assistant examiners. 411 (2021). Here’s why: 1.

article thumbnail

Patent Protection for Entertainment Software Inventions

JD Supra Law

Innovators seeking patent protection for entertainment software inventions should be aware that all software inventions face patent-eligibility issues. Nevertheless, patent practitioners who are experienced in the art of software patent prosecution can help ensure that software inventions get maximum protection.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Enjoining Patent Prosecution

Patently-O

In particular, the agreement required disclosure and assignment of “any ideas, conceptions, inventions, or plans relating to sleep, mattresses, bedding, sleep monitoring, health or wellness as it relates to sleep (including biometric monitoring relating to sleep), or bedroom or sleep technologies.” 3d 793, 798 (D.

article thumbnail

The USPTO Claims it Wants to Ensure ‘Robust and Reliable’ Patents – But Its Questions Imply Another Assault on Patent Owners

IP Watchdog

We use many different strategies during patent prosecution. Many of our strategies reflect the startup-nature of our inventions, where we are constantly working on the product-market-fit. We may need several bites at the apple to effectively protect our invention.

article thumbnail

The Times They Are a-Changin’? A Look at the Revised Patent Prosecution Timelines in the Draft Patent Amendment Rules

SpicyIP

A Look at the Revised Patent Prosecution Timelines in the Draft Patent Amendment Rules Md. Sabeeh Ahmad The Department for Promotion of Industry and Internal Trade, Ministry of Commerce has released the Draft Patents (Amendment) Rules, 2023 (“Draft Rules”) suggesting some key changes in the Patent Rules, 2003 (“2003 Rules”).

article thumbnail

Glaring Procedural Questions Arising Out of a Recent Patent Prosecution Proceeding  

SpicyIP

Discussing the background of the case in this guest post, Suriya Balakanthan, highlights how these procedural lapses took place and highlights the impact that this case can have on the patent prosecution setup. Suriya is a Patent Analyst from Salem Tamil Nadu. 11, Detailed Description of the Invention) says: Page No.

article thumbnail

Cooperative v. Kollective CAFC Decision Demonstrates Virtues of Consistent and Candid Patent Prosecution and Litigation

IP Watchdog

which reversed a Rule 12(b)(6) dismissal on patent ineligibility under 35 U.S.C. § This case demonstrates how an invention that is potentially assailable on eligibility grounds can be given its best chance by a focused, consistent and synergistic patent prosecution and litigation strategy. Kollective Technology, Inc.,