Posted by: Ophir Tal in USPTO, software patent, Software, politics, Patents Opposition, Patents, Patently-O, Patentability, Patent Prosecution, Patent Legislation, patent, Internet Patent, intellectual property, cyberlaw, Court of Appeals of the Federal Circuit, COMPUTER CONTROLLED SOFTWARE INTEGRATED INVENTIONS, claims, CAFC, blogging on
Jul 22, 2008
Prof. John F. Duffy analyses at Patently-O the probable position of the USPTO towards software patents as presented in a series of cases. Specifically, patentable subject matter must result in a physical transformation of an article that is tied to a particular machine. A general purpose computer may probably not be regarded as a particular machine, and data structures and numbers (e.g. webpage rankings) may probably neither be regarded as articles nor as being physically transformed. Well – some news for the software industry.
The analysis is recommended as being not only thorough but also quite easy to read.
Posted by: Ophir Tal in USPTO, United States, prosecution, Patents Opposition, Patents, Patently-O, Patent search, Patent Prosecution, patent opposition, patent, oppositions, intellectual property, consultation, blogging on
Jul 08, 2008
A possibility for opposing pending patent applications in the US is presented by Dennis Crouch in his blog Patently-O under the title "poor-man's opposition proceedings ".
The US law does not allow opposing a patent application (in contrary e.g. to israeli procedures which are partly based on receiving third party's oppositions), however they do commit applicants to submit to the patent office any relevant subject matter.
So, the procedure comprises sending such subject matter to the applicant, thus making him obligated to disclose it to the patent office!
I like this
Considering that the provisions of Section 11A (7) of the Indian Patents Act,1970 in India prescribes that on and from the date of publication of the application for patent and until the date of grant of a patent in respect of such an application, the applicant is entitled to like privileges and rights as if a patent for the invention had been granted on the date of publication of the application except the institution of the proceedin
can be done only after grant, it is important to watch the published applications through weekly Patent Journals and enter possible opposition to the grant if the application is found to entail wrongful grant of patent rights. Importantly, unlike post-grant opposition which can be filed only by a interested person a pre-grant opposition can be lodged
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