Posted in PCT |

PTAB speaks on 35 USC § 101 — or is it § 103? CRS v Frontline

Well, we are starting to see the work product of the Patent Trial and Appeal Board, whose goal for many of the new AIA proceedings is to dispose of them within a year.  Here’s the decision in CRS Advanced Technologies, Inc. v. Frontline Technologies, Inc. (Case CBM2012-00005), instituted January 23, 2013 and decided just under a year later on January 21, 2014.

CRS wanted to invalidate some of the claims of US Patent 6,675,151.  Doing so in court would likely have cost half a million dollars or more.  CRS picked the Covered Business Method approach and (I’d guess) probably spent well under a quarter million dollars.  And prevailed.

What I would have hoped is that the decision might help to clarify what practitioners need to do to draft patent applications that will survive post-grant review (whether before the PTAB or before the courts).  I don’t think I got my wish.  Here’s why I feel this way.  Continue reading

Upcoming speaking events

On Monday, March 24, I will be speaking in East Lansing, Michigan at the 2014 Intellectual Property Law Spring Seminar.  My topic is “PCT Practice Tactics and Strategies.”

The 49th Annual Corporate Patent Seminar will take place April 9-11 in Chicago.  I will be speaking on several topics including Restoration of Priority and the Patent Cooperation Treaty.

 

 

 

when USPTO classifies an application incorrectly

 

In our office we try to track pretty closely the status of the cases that we have put on the Patent Prosecution Highway.  It is a rare PPH case that reaches its first Office Action without at least one problem within USPTO that requires us to poke the USPTO.  Today one of our PPH cases presented a problem that we had not seen before — a big delay in examination because the USPTO misclassified the case. Continue reading