Category Archives: § 102

Subscribe to § 102 RSS Feed

PTAB Terminates IPR Sua Sponte Where Claims Are Indefinite

As dictated by 35 U.S.C. § 311, a petitioner can pursue inter partes review (“IPR”) before the Patent Trial and Appeal Board (“PTAB” or “Board”) based on certain grounds of anticipation or obviousness under 35 U.S.C. §§ 102 or 103, respectively. This prior-art based inquiry generally involves an evaluation of patents or printed publications that the petitioner relies on … Continue reading this entry

"Patent Reform 2014" White Paper Available for Download

Over the past 2 years I’ve been closely following the slew of patent reform proposals in Congress, the Executive Branch, the Courts, and the 50 States.  I have yet to find a document that lists–much less explains–all the many, many proposals percolating in DC and across the country. So I wrote one: “PATENT REFORM 2014:  A Comprehensive Guide to Current … Continue reading this entry

Be Aware of Invalidating Offers-for-Sale by Manufacturing Partners

UPDATED (Originally Published on Aug 27, 2013) The Federal Circuit’s recent decision in Hamilton Beach Brands, Inc. v. Sunbeam Products, Inc., Appeal No. 2012-1581 illustrates the danger to patent holders of potentially triggering an “on-sale” bar when outsourcing product manufacturing, or even product development, to third-parties that may themselves make invalidating offers for sale. Hamilton … Continue reading this entry