The Odd Provisional as Prior Art

The Odd Provisional as Prior Art by Dan Stanger In general, the effective filing date for invention priority of a patent or patent application publication is that of the earliest application to which benefit is claimed that satisfies the written description and enablement requirements of 35 U.S.C. § 112(a). Similarly, a patent or published application generally may be prior art …

Hopeful Prospects for Clarity in Section 101 of the Patent Act

Hopeful Prospects for Clarity in Section 101 of the Patent Act by Nabil Abdalla Since the U.S. Supreme Court decision in Alice Corp. Pty. Ltd. v. CLS Bank Intl, USPTO examiners, inventors, and patent practitioners, alike, have been navigating through a “sometimes murky” understanding of subject matter eligibility. In an attempt to provide clarity and predictability, the USPTO has released …