On May 30, 2012, the Court of Appeals for the Federal Circuit ("CAFC") put further gloss on the term "common sense" as used by the Supreme Court in the 2007 case of KSR v. Teleflex. This new case (Mintz v. Dietz & Watson) involved a patent on casings for hot dogs with a woven mesh [...]
Gerry Elman has been listed in the Super Lawyers 2012 magazine for Pennsylvania in the intellectual property category. [HTML2] Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process is multi-phased and includes independent research, peer [...]
Two hearings have been scheduled by the US PTO on the effect of patents for Genetic Testing, to support the study that the PTO is mandated by the Leahy-Smith America Invents Act ("AIA") to generate for Congress. The first of the hearings is today. It will be broadcast via the Web. The second of the [...]
With hundreds of pages of documents published during in the Federal Register during the last few days, the USPTO has issued a series of proposed rules and an upcoming fee schedule to take effect next year. See America Invents Act implementation micro website.
Congress Passes “Patent Reform”—The America Invents Act As the editor of Elman’s Patent Reform News and chair of the Patent Legislation Committee of the Philadelphia Intellectual Property Law Association (PIPLA) for much of the past decade, I had a ringside seat this year as Congress gave a painful birth to the Leahy-Smith America Invents Act [...]
Flip over your June 2011 issue of BLR. The back cover features a spectacular illustration where I am fancifully transported into a science fiction story.
WITHOUT A TRANSFORMATION OF THE INFORMATION TECHNOLOGY SUPPORTING PATENT EXAMINERS, "PATENT REFORM" WOULD BE LIKE REARRANGING THE DECK CHAIRS ON THE TITANIC
INFORMATION, RATHER THAN MASS AND ENERGY, IS COMING TO BE SEEN AS THE FUNDAMENTAL CURRENCY OF THE UNIVERSE. ... any judge or lawyer who argues that information isn't physical in the context of patent law - SHOULD BE IMMEDIATELY DISBARRED.
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 [...]
By reading science fiction, we stretch our minds towards a vision of the future that we, as technologists, then help to engender.
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.
Department of Justice, FTC, and US Patent and Trademark Office to Hold Workshop on Promoting Innovation
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 [...]