All in Patent Prosecution
It used to be that the law surrounding subject matter eligibility was clear-cut and well established. The Supreme Court's “Alice” decision has cast a shadow over the application of 35 USC 101. We discuss one way to make sense of the current case law. For now, patent owners should analyze the current law to outline, identify, and amplify the aspects of their invention that are not “abstract” or indicate an “inventive concept” such as new technological improvements and/or unconventional features that go against what has been done before.
YouTube is a fantastic source of information. There is seemingly a video on any topic you can imagine. If a picture is worth a thousand words, then a video can be worth millions of words. So how do you take a video and turn it into something that can be submitted as an NPL document as part of an information disclosure statement? It needs to be converted into a PDF document as I will show below.
In any patent case, it is important to make sure that all of the known art has been cited during prosecution across all of the patents in the portfolio. One tool that patent owners and lawyers can use to ensure that literature has been consistently and thoroughly cited across a patent family is an "art matrix." This post shows how to create an “art matrix” in Excel.
What are the types of information that need to be cataloged? Anything and everything. From the perspective of an Information Disclosure Statement filing, there three main types of “art”: U.S. Patent Documents, Foreign Patent Documents, and Non-Patent Literature. I will discuss what each of these categories includes and the citation of foreign language material.