All in Patent Prosecution

What do Contingent Fee Lawyers Look for When Considering Specification Based Defenses?

The best contingent fee case will have many issued Patent claims, but among them, there should be a narrowly crafted claim with clear language that corresponds directly with the alleged infringement.  The best "contingent fee" claims will also be unquestionably supported and enabled by the specification and be free of "means plus function" language.

Making Sense of the Mess Caused by Alice, and Evaluating a Contingent Fee Patent Matter for Subject Matter Eligibility

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.

How Do You Cite to a YouTube Video as Non-Patent Literature in an Information Disclosure Statement?

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.

Checking Completeness of Art Citations with a Cited Art Matrix

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.