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By analyzing and organizing issues and outcomes of the daily ex parte PTAB decisions, Anticipat provides specific appeal data and general appeal trends to help the user become an informed and empowered patent prosecutor.
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Non-statutory obviousness-type double patenting. It is quite a mouthful, and as just as difficult to say quickly three times fast as it is to try to understand when slogging through the relevant sections of the Manual of Patent Examining Procedure (MPEP). While the name and analysis are complicated, the principle is not--the courts have stated that a patent applicant should not be allowed to patent the same invention merely by filing a second patent application ... (Read the rest...)
Over the past 6 months, 144 ex parte appeals decisions involving 35 U.S.C. 101 have been handed down that specifically deal with the issue of whether the claims at issue are drawn to statutory subject matter. This subject is the most rapidly evolving area of IP law today, and from our experience one of the most ambiguous in view of what seems to be an "I'll know it when I see it" approach of the ... (Read the rest...)
Experience has shown that one of the most difficult issues for patent applicants to overcome during prosecution is a finding the invention is obvious. In 2007, the US Supreme Court freed USPTO Examiners to use many different reasons that one of ordinary skill would combine the teachings of prior art references. Since then, anecdotal evidence from practice suggests that applicants are less successful in overcoming obviousness rejections. Examiners apply obviousness rejections all the time. How ... (Read the rest...)