Are Patents Monopolies or Not? Part II: Residual Bias and Misnomers ipwatchdog.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from ipwatchdog.com Daily Mail and Mail on Sunday newspapers.
Last week, the Federal Circuit handed down a pair of non-precedential decisions affirming the Patent Trial and Appeal Board (PTAB) in inter partes review (IPR) proceedings. This post.
The Supreme Court has never quite grasped the distinction between patent eligibility and patentability.. Ironically, this fundamental distinction that eludes the Supreme Court is explicit in the statutory language of 35 U.S.C. 101 itself.
In Part I of this article, I recalled the early years of the U.S. Court of Appeals for the Federal Circuit, when the court was working well, and how it all went wrong. In this second half, I recount how the America Invents Act (AIA) has fundamentally shifted the power in patent enforcement and policy.