Patent | Elman Technology Law and Elman IP

HAPPY NEW YEAR 2011

By Gerry Elman|2019-05-04T13:14:26-04:00January 1st, 2011|Events, Intellectual Property, Patent Legislation|

World Technology Network During the past year, Elman Technology Law, P.C. (“ETL”) sponsored two programs of the World Technology Network. Earlier this month, we participated in a World Technology Summit, an annual event that I first attended in London in 2001 as a founding member of the WTN. Each Summit is a two-day conference with [...]

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Science Fiction Roundtable at the World Technology Summit, sponsored by Elman Technology Law

By Gerry Elman|2019-01-30T12:35:38-05:00November 22nd, 2010|Associations, Events, Inventing, Patent Legislation|

By reading science fiction, we stretch our minds towards a vision of the future that we, as technologists, then help to engender.

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Guest Post: Physicists convert information into energy – info is physical (Greg Aharonian)

By Gerry Elman|2010-11-22T13:27:49-05:00November 19th, 2010|Patent|

ALL references to "information" in patent claims should never, ever, never, ever again get 101 rejections for not manipulating something physical. And ALL references to "data" should equally never, ever, never, ever get 101 rejections as well, given the relational connection between data and information. It's all physical - it's all technical.

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Department of Justice, FTC, and US Patent and Trademark Office to Hold Workshop on Promoting Innovation

By Gerry Elman|2019-05-28T12:27:53-04:00May 10th, 2010|Antitrust, Events, Patent, Patent Legislation|

Workshop on May 26 to Explore the Intersection of Patent Policy and Competition Policy and its Implications for Promoting Innovation WASHINGTON – The Department of Justice, the Federal Trade Commission (FTC), and the Department of Commerce’s United States Patent and Trademark Office (USPTO) announced today that they will hold a joint public workshop on the [...]

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What Subject Matter is Patentable?

By Gerry Elman|2021-08-29T12:53:32-04:00April 29th, 2010|Intellectual Property, Patent|

Reading Myriad Genetics While Waiting For Bilski. Why is this molecule different from all other molecules? By Gerry J. Elman1 As I write on April 29, 2010, the U.S. Supreme Court hasn’t yet issued its anxiously-awaited decision in the Bilski2 case. This case is to determine the whether a particular business-related method is outside the [...]

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PBS Newshour gives a balanced report on the gene patenting debate

By Gerry Elman|2010-04-08T22:29:03-04:00April 8th, 2010|Intellectual Property, Patent|

Excerpt from transcript of April 2, 2010 PBS Newshour: A major goal of modern health science has been to identify the links between our genes and disease, to assess risk, and to find treatments and cures. Over the last two decades, university researchers and a multibillion dollar biotech industry have expanded the study of the [...]

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Getting Beyond the ACLU and Public Patent Foundation’s Anti-Gene-Patent Grandstanding

By Gerry Elman|2021-08-29T12:53:30-04:00February 28th, 2010|Events, Intellectual Property, Patent|

by Scott Rylan Powell and Gerry J. Elman† In New York City on October 20, 2009, the American Civil Liberties Union (“ACLU") hosted a screening of In The Family, a documentary on the emotional turmoil experienced by people across the nation who carry certain mutations along the Breast Cancer 1 and 2 ("BRCA") genes. Everyone [...]

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ACLU lawyers face off against the U.S. patent office and Myriad Genetics:

By Gerry Elman|2018-11-05T09:10:13-05:00February 23rd, 2010|Intellectual Property, Patent|

In a packed courtroom in New York City, a federal judge hears arguments about gene patents for BRCA By Scott Rylan Powell and Gerry J. Elman On February 2, 2010, Judge Robert M. Sweet at the U.S. District Court in Manhattan heard oral arguments in the case of Association for Molecular Pathology, et al. v. [...]

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USPTO launches bimonthly for Independent Inventors

By Gerry Elman|2010-02-23T09:23:11-05:00February 23rd, 2010|Intellectual Property, Inventing, Patent|

The United States Patent and Trademark Office ("USPTO") has just published the first issue of Inventors Eye, a new electronic publication for and about America’s independent and small entity inventor community. Inventors Eye will appear every other month. Each issue is expected to feature tips on working with the USPTO; events, organizations and meetings of interest to [...]

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Should a patent claim be longer than a single sentence?

By Gerry Elman|2009-09-19T10:23:06-04:00September 19th, 2009|Patent|

Yesterday, Philadelphia patent attorney Stephen Schott posted the following on Prof. Dennis Crouch's Patently-O blog, An Appeal to the New Patent Office Director: Repeal the Single Sentence Rule, arguing for a change in the rule that each claim in a U.S. patent can be no longer than a single (run-on) sentence. Gerry Elman's reply to [...]

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PTO Director Kappos supports “compact prosecution”

By Gerry Elman|2009-08-25T20:16:50-04:00August 25th, 2009|Intellectual Property, Patent|

Back in the mid-1960s, the Patent Office introduced the practice of "compact prosecution." These days it's entombed in MPEP § 2106(II). Says that section of the Manual of Patent Examining Procedure: It is essential that patent applicants obtain a prompt yet complete examination of their applications. Under the principles of compact prosecution, each claim should [...]

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David Kappos swearing in as Under Secretary of Commerce and US PTO Director on Thursday, August 13 at 12:30 PM

By Gerry Elman|2009-08-30T19:19:53-04:00August 12th, 2009|Intellectual Property, Patent|

Tomorrow, U.S. Commerce Secretary Locke will deliver remarks and administer the oath of office to David Kappos, new Under Secretary of Commerce for Intellectual Property and Director of the U.S Patent and Trademark Office (USPTO). Confirmed by the U.S. Senate on August 7, Kappos will take control of an office that provides incentives to encourage [...]

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