Anticipate This!™ | Patent and Trademark Law Blog

Inventing to Nowhere Documentary.

Posted in General Commentary by Jake Ward on December 19, 2014

JW Note:  Very interesting documentary video on Youtube relating to the importance of a strong patent system.  Hat tip to the PatentlyO blog.

New Guidance on Section 101 Subject Matter Eligibility Issued.

Posted in Practice Commentary by Jake Ward on December 16, 2014

From the USPTO Director’s Forum Blog on Monday, December 15, 2014:

Following the valuable feedback that we received from the public through written comments and multiple public meetings over the last several months, we are issuing new examination guidance on subject matter eligibility under § 101 in view of the U.S. Supreme Court’s recent decisions in Alice Corp., Myriad, and Mayo. You can find the guidance in a Federal Register notice officially published on December 16, 2014, entitled “2014 Interim Guidance on Patent Subject Matter Eligibility.” Claim examples have been developed to illustrate the analysis set forth in the guidance. A set of examples relating to nature-based products are posted on the USPTO website and a set of examples relating to abstract ideas will be released shortly. This guidance is the latest –but not necessarily the last –iteration of our ongoing implementation of these Supreme Court decisions….

First, the guidance explains the USPTO’s interpretation of subject matter eligibility requirements in view of the Alice Corp., Myriad, and Mayo Supreme Court decisions and  sets forth an integrated approach for patent examiners in making determinations regarding subject matter eligibility. This guidance incorporates principles emphasized in Alice Corp. and provides more details than our initial examination instructions issued immediately after the Alice Corp. decision.

Second, the guidance reflects a significant change from the examination guidance previously issued in response to Myriad and Mayo. The changes were triggered by the feedback we solicited and received from the public, as well as refinements necessitated by the Alice Corp. decision.

They Invented What? (No. 242)

Posted in General Commentary by Jake Ward on December 11, 2014

U.S. Patent Appl. Pub. No. 20080299533: Naughty or nice meter.

JW Note: Wishing a Happy Holidays to all!  See you in 2015!

For more holiday TIW? from years past, click here.

naughtynice

BRIEF SUMMARY OF THE INVENTION:

Undoubtedly, the abstract and background show the uniqueness of the product of this invention. The “Naughty or Nice Meter”, although initiated from the Christmas Holiday season, is a product that allows a visual representation of being “Naughty or Nice”. The product honors and exemplifies the time-honored traditional saying as to whether you have been “Naughty or Nice”. It also transcends the original Christmas Holiday Season to all Holiday seasons and perhaps even birthdays or even a day-to-day “Naughty or Nice Meter.” It could not be said enough that the “Naughty or Nice Meter” is a visual product designed to calibrate if you have been “Naughty or Nice”. No other product exists.

CLAIMS:

1. A “Naughty or Nice Meter” grading product comprising of 12 behavioral questions, a calculator and a “Meter” numbered in a range from Zero (0) to Sixty (60).

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