Section 101 appeals are tough to win at the PTAB, and this case illustrates the challenges facing clients hoping to protect their new ideas aimed at improving social networks.

What to do when an Examiner repeatedly shifts the basis for restriction without ever making the requirement final.

Petitions can be part of an appeal strategy and this Philips case illustrates a prime example.

Restriction requirements under Unity of Invention should not rely on intended use to read out  limitations that fall under a safe harbor of the CFRs.

PTAB Laziness Helps Patentee avoid Prior Art references in Subsequent Proceedings

Foldable toy patent wins with only functional language differentiating the cited art.

Federal Circuit confirms that prior art showing that an action might happen at a claimed instance does not inherently disclose the missing claimed action. 

Learn about fighting back against restrictions by "original presentation."

BASF and Johnson Matthey spar over whether an exhaust catalyst "effective for" converting NOx is definite.

How to avoid waiver in ex parte Appeals at the PTAB.

IBM has a difficult time convincing the PTAB that its invention related to power management on cloud server hosts running virtual machines on behalf of customer is not abstract.

The distinction between a structural element and a product-by-process element can be fine.

If the Examiner continues to apply the wrong restriction standard in a PCT National Phase application, you may be able to overcome the restriction with a straightforward petition.

Be careful in petitioning so as not to win a battle only to lose the war.

Apple knows how to petition improper restrictions that fail to provide any reasoning supporting a search burden

SAP saves their database data field retrieval patent with "only" in the claim.

On appeal, the PTAB dismisses GM's reasoning against an Examiner's rejection as "mere attorney argument."

The ideal technology transfer agreement looks much different now with the PTAB and State-owned University sovereign immunity defenses.  

The Office of Petitions loves to find admissions in petitions against restrictions, so be careful!