Posts
Is § 101 Impossible To Understand? Survey Says: No
Critics of the Alice/Mayo framework for § 101 patentable subject matter tend to claim that it’s impossible to understand or apply. Thanks to an enterprising 3L at Stanford, we now have survey evi...
PTAB Rejects Allergan’s Tribal Sovereign Immunity Claim
On Friday, the Patent Trial and Appeal Board (PTAB) issued a ruling rejecting Allergan’s sovereign immunity claims.
As Patent Progress has previously described [1][2][3], Allergan sold their patent...
A New § 101 Trio Shows That We Don’t Need § 101 Legislation
The Bilski, Alice, Mayo, and Myriad cases are sometimes referred to as a § 101 quartet because they set forth the Supreme Court’s test for patentable subject matter under § 101. Over the past fe...
Innovation Is Alive And Well—Patenting Activity
After examining the evidence for U.S. innovation as shown by startups and venture capital, and by R&D spending, I want to look at patenting activity—new patent applications and new patent grants...
Chamber of Commerce Patent System Ranking Is Built On A Shaky Foundation
The Chamber of Commerce produces a yearly ranking of intellectual property systems around the world. This year, they dropped the U.S. patent system to 12th. If I thought their rankings had any mer...
Innovation Is Alive And Well—R&D
As part of Patent Progress’ series on innovation in the United States, we are examining ways to measure innovation. One useful metric, measuring the investment being made in the creation of ne...
Dear Director Iancu
So, you’re Andrei Iancu, about to be the newly confirmed Director of the United States Patent and Trademark Office. What are the first things you put on your agenda?
I have some suggestions.
Elim...
Innovation Is Alive And Well—Startups and Venture Capital
Innovation can come from anywhere—large established companies, individuals, and of course, small startup businesses. The innovation from startups can ultimately create new established companies. �...
Innovation Is Alive And Well
During 2017 we saw the 5 year anniversary of the America Invents Act and 7 years of post-Bilski jurisprudence (including Mayo, Myriad, and Alice). And there are also reports that innovation in the U...