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Mr. IP Law

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April 18, 2022
John Russell
The Illusion of Quality at the USPTO

The Illusion of Quality at the USPTO - its clear from the USPTO’s very own explanation of the program.

The Illusion of Quality at the USPTO
March 21, 2019
John Russell
New Informative PTAB Decision on 101

A new informative decision on 101 from the PTAB (with a dissent).

New Informative PTAB Decision on 101
January 28, 2019
John Russell
System Diagnostics and Section 101

The PTAB confirms in a Honda appeal that system diagnostic inventions do not need to perform an action in response to the diagnostic determination to be patent eligible.

System Diagnostics and Section 101
November 28, 2018
John Russell
Amicus Brief Regarding Prosecution Re-opening ...

Read the brief here!

Amicus Brief Regarding Prosecution Re-opening at the Federal Circuit
July 16, 2018
John Russell
PLEA FOR YOUR HELP

The USPTO is Breaking the Law - Read how and lend your support to the cause.

PLEA FOR YOUR HELP
John Russell
June 14, 2018

Honda has Improper TC3700 Rejection Reversed By the PTAB

John Russell
June 14, 2018
Honda has Improper TC3700 Rejection Reversed By the PTAB

Honda is forced to appeal a rejection that fails to pass the red face test.

Comment
John Russell
June 11, 2018

Fuji's Appeal Arguments on Functional Features Falls Short

John Russell
June 11, 2018
Fuji's Appeal Arguments on Functional Features Falls Short

Be careful when arguing functional language on appeal if the prior art’s structure matches your own.

Comment
John Russell
June 5, 2018

Mohawk Tribe Sovereign Immunity Oral Arguments

John Russell
June 5, 2018
Mohawk Tribe Sovereign Immunity Oral Arguments

Oral Arguments in the Mohawk IPR Case.

Comment
John Russell
June 4, 2018

Durance - Important Rules Related to Ex Parte Appeal Practice at the PTAB

John Russell
June 4, 2018
Durance - Important Rules Related to Ex Parte Appeal Practice at the PTAB

An important case that provides several practice tips in ex parte appeals before the USPTO PTAB.

Comment
John Russell
June 4, 2018

PTAB Reverses in Milwaukee's Reciprocating Saw Appeal Based on Functional Language

John Russell
June 4, 2018
PTAB Reverses in Milwaukee's Reciprocating Saw Appeal Based on Functional Language

Functional claim language must be considered, even under anticipation.

Comment
John Russell
May 31, 2018

What's going on in TC 3700?

John Russell
May 31, 2018
What's going on in TC 3700?

Appeal statistics from TC3700 show a technology center that forces applicants to appeal improper rejections over 50% of the time.

Comment
John Russell
May 24, 2018

Handwaving Does Not Work For Anticipation

John Russell
May 24, 2018
Handwaving Does Not Work For Anticipation

The PTAB confirms that it is improper for the Examiner to lump distinct components together and redefine them as one of the components.

Comment
John Russell
May 21, 2018

BRI - PTAB Confirms Unreasonable Interpretation Improper

John Russell
May 21, 2018
BRI - PTAB Confirms Unreasonable Interpretation Improper

Review an example PTAB decision illustrating how recent case law is having a major impact on whether rejections relying on broad, but unreasonable, interpretations will be reversed.

Comment
John Russell
May 17, 2018

Reversed, with authority

John Russell
May 17, 2018
Reversed, with authority

The PTAB shows that the notice requirement of Section 132 does have teeth. Read about a particularly egregious rejection from art unit 3747.

Comment
John Russell
May 16, 2018

Rejections based on the "Capable Of" Test

John Russell
May 16, 2018
Rejections based on the "Capable Of" Test

Do not let examiners slip a rejection by you based on the idea that the prior art is capable of performing claimed actions of a method.

Comment
John Russell
May 14, 2018

Tips and Tricks: Filing a PPH Request in the United States

John Russell
May 14, 2018
Tips and Tricks: Filing a PPH Request in the United States

PPH requests are a great way to move your case to allowance in the US. Learn some tips to make the process even smoother.

Comment
John Russell
May 8, 2018

Great IP Advice from Jimmy Buffett

John Russell
May 8, 2018
Great IP Advice from Jimmy Buffett

Don’t wait until it is too late to secure your trademark rights.

Comment
John Russell
April 30, 2018

Arguing Mutual Exclusivity With Respect to Restriction Requirements

John Russell
April 30, 2018
Arguing Mutual Exclusivity With Respect to Restriction Requirements

Learn about mutual exclusivity and the variable definitions applied by the USPTO in restriction practice.

Comment
John Russell
April 26, 2018

Vanda, Part II

John Russell
April 26, 2018
Vanda, Part II

Following up on our previous post discussing Vanda, some interesting issues on conditional language are considered.

Comment
John Russell
April 24, 2018

Gorsuch - A Patent Attorney's Hero

John Russell
April 24, 2018
Gorsuch - A Patent Attorney's Hero

Oil States - Gorsuch, joined by the Chief Justice, writes a strong dissent that calls the majority’s reasoning into serious questions. Law students will likely be studying this one for years to come.

Comment
John Russell
April 23, 2018

Wonderland and Smith -- Not so fast PTAB

John Russell
April 23, 2018
Wonderland and Smith -- Not so fast PTAB

The Federal Circuit gives more guidance to help reign in the Broadest Reasonable Interpretation.

Comment
John Russell
April 18, 2018

Vanda and Patent Eligibility for Diagnostics

John Russell
April 18, 2018
Vanda and Patent Eligibility for Diagnostics

In Vanda, the Federal Circuit lays out a path for patenting diagnostics inventions post Mayo.

Comment
John Russell
April 13, 2018

Breath of Fresh Air

John Russell
April 13, 2018
Breath of Fresh Air

The new USPTO Director delivers a powerful speech indicating a new direction for the US Patent Office.

Comment
John Russell
April 9, 2018

Rise Up or Roll Over - which is best when responding to restrictions?

John Russell
April 9, 2018
Rise Up or Roll Over - which is best when responding to restrictions?

We review a case illustrating a great way to win a petition against a restriction by using the Office's own actions to prove there is no search burden.

Comment
John Russell
April 6, 2018

Important Limits from the Federal Circuit on the use of "Ordinary Creativity"

John Russell
April 6, 2018
Important Limits from the Federal Circuit on the use of "Ordinary Creativity"

Don't let USPTO examiners get away with a fast one by relying on ordinary creativity in a way that conflicts with recent Federal Circuit case law.

Comment
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McCoy Russell LLP, 1410 NW Johnson St., Portland, OR, 97209, United Statesinfo@mccrus.com