Recent Articles

Patents for Humanity

Rajiv Sarathy
March 08, 2012 17:46

The USPTO has announced a competition designed to encourage research and development that targets challenges humanity faces worldwide.  Winners will receive a certificate for accelerated examination of their patent application. For details, see: ...

Federal Circuit Says Software Is Unpatentable When It Merely Implements Mental Steps

Rajiv Sarathy
August 18, 2011 17:20

On Tuesday, the Federal Circuit affirmed Judge Patel's grant of summary judgment of invalidity of software patent claims asserted in CyberSource v. Retail Decisions.  In its Decision, the Federal Circuit explains that a method that can be performed purely mentally is unpatentable under 35...

Earth Day-Friendly Patenting

Rajiv Sarathy
April 22, 2011 16:20

Just in time for Earth Day 2011: General Motors announced last week in a press release that it "received more clean-energy patents last year than any other organization, according to the Clean Energy Patent Growth Index of U.S. patents. GM’s 135 patents represent nearly 14 percent...

The IP World Is Shrinking (But We Already Knew That)

Rajiv Sarathy
March 16, 2011 16:40

Last, week, the United States Patent and Trademark Office issued a press release indicating that it had "hosted a two-day meeting with representatives from Asia-Pacific economies to discuss the importance and future of substantive patent law harmonization." Next month, Commissioner Robert...

Canadian Government Appeals Amazon "One-Click" Decision

Rajiv Sarathy
December 10, 2010 19:14

On November 15, 2010, the Attorney General of Canada and Canada's Commissioner of Patents filed a Notice of Appeal in Canada's Federal Court of Appeal in a case involving the patentability of Amazon's "One-Click" invention.  If the Court of Appeal overturns the...

Software Is Not Abstract

Rajiv Sarathy
December 09, 2010 22:01

Earlier this year, I wrote that the U.S. Supreme Court ruled that Bilski's claims were abstract, and that abstract claims are unpatentable under 35 U.S.C. § 101.  According to the Federal Circuit in Research Corp. Tech. v. Microsoft Corp., software-related claims are not abstract.In...

What Is Abstract?

Rajiv Sarathy
December 09, 2010 22:01

Earlier this year, I wrote that the U.S. Supreme Court ruled that Bilski's claims were abstract, and that abstract claims are unpatentable under 35 U.S.C. § 101.  According to the Federal Circuit in Research Corp. Tech. v. Microsoft Corp., software-related claims are not abstract.In...

Pilot Program to Defer Prosecution of Non-Provisional Patent Applications

Rajiv Sarathy
December 09, 2010 17:43

Some patent applicants file a provisional patent application to defer filing a non-provisional patent application for up to a year.  Yesterday, the United States Patent and Trademark Office (USPTO) announced a new pilot program to defer prosecution (and payment of some...

Beacon Power's Smart Grid Patent

November 15, 2010 00:52

Beacon Power reported last week that its patent application directed to smart grid technology has been allowed.  The patent will issue on Tuesday as U.S. Patent No. 7,834,479, and is directed to controlling the frequency of power on a mini-grid that is disconnectable from a utility...

USPTO Expands "Green Technology Pilot Program"

November 10, 2010 17:38

The USPTO today announced an expansion and extension to the "Green Technology Pilot Program."  Under the program, patent applications pertaining to environmental quality, energy conservation, development of renewable energy resources, and greenhouse gas emission reduction can be...