Are Business Method Patents Dead? It Depends on Who’s Applying for Them
Business method patents are still being granted after Alice, but are being granted at lower rates than before, and some assignees are better at obtaining them than others. The top assignees in the...
View ArticleTop Ten Law Firms in Technology Center 2400
Technology Center 2400 covers the technologies of computer networks, multiplex communication, video distribution, and cybersecurity. In terms of average time to allowance, it is the slowest-moving...
View ArticleThe Top 10 Patent Law Firms that Lose the Fewest Independent Claims
When measuring the overall success and efficiency of a law firm’s patent prosecution practice, there are several metrics available, including overall allowance rate, time to disposition, and average...
View ArticleThe Most Likely Art Units for Alice Rejections
While Alice rejections can be found all over the USPTO, roughly two-thirds of them are found in TC 3600. Only TC 2900 has not had any Alice rejections. Looking deeper into the 3620s, 3680s, and 3690s,...
View ArticleDefeating Alice with Data
Several questions every patent attorney should be asking before responding to an Alice rejection are: (1) How many Alice rejections has the examiner issued? (2) What does he or she consider to be the...
View ArticleSection 103 Rejections: How Common Are They and How Should You Respond?
There are several major statutory rejections that an applicant can receive during the course of patent prosecution at the USPTO, each one corresponding to the relevant section of the Patent Act: § 101...
View ArticleDon’t Wait to File a Track One Request if You Think You Might Need It
The Track One program was instituted on September 23, 2011, as part of the America Invents Act. Known officially as the “Prioritized Patent Examination Program,” the USPTO promises a final disposition...
View ArticleA Pre-Appeal Brief Conference is a Winning Strategy, Even if it Probably...
After several articles and webinars discussing appeals outcomes at the USPTO, we have received numerous requests for Pre-Appeal Brief Conference data to explain how advantageous the program really is...
View Article§ 101 Rejections in the Post-Alice Era
The § 101 rejection rate for patent applications in the e-commerce work groups approaches 100%, then drops precipitously for the remaining seven of the top ten work groups with the greatest percentage...
View ArticleHow to Respond to a § 102 Rejection
Section 102 rejections are very common at the USPTO and you are likely to get one no matter what kind of technologies you work with. Fortunately, they are not terribly difficult to overcome, as even...
View Article§ 112 Rejections: Where They Are Found and How Applicants Handle Them
In this article, we will explore both § 112(a) and § 112(b) rejections by taking a look at where they are most common, how applicants respond to them, and how successful those responses tend to be....
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