After Zurko: true deference or magic words?

Article Abstract:

Zurko is a term used to refer to a 1990 patent application from Mary E. Zurko and others. The application disclosed/claimed a method for improving security in a computer system that could operate with both untrusted and trusted code. The patent examiner rejected the claims as obvious, given some prior art references. The applicants appealed. The legal ramfications, involving the US Patent and Trademark Office, the courts, including the Supreme Court, and other cases are discussed. The standard of review applied by the Federal Circuit will be largely irrelevant for many cases. Remand seems to be an option in cases in which the PTO record is not good enough to allow the Federal Circuit to make a decision. The Federal Circuit can repeatedly send cases back until the PTO backs up its decision. Time and expense may make that unattractive.

Software, Federal courts, United States. Department of Justice, Powers and duties, United States. Patent and Trademark Office, United States. Supreme Court, Circuit courts, Patent assignments

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New challenge for patent attorneys

Article Abstract:

A new challenge has emerged for patent attorneys as the result of a recent court decision that might radically change the way in which patent applications are prosecuted through the U.S. Patent and Trademark Office. The Court of Appeals for the Federal Circuit has drastically limited the application of theC doctrine of equivalents to the interpretation of patent claims. It holds that whenever a patent claim is narrowed for any reason related to patentability, the prosecution history estoppel may be found relative to the amended claim element, even if the claim amendment is voluntary or unexplained. If the ruling is upheld, a premium will be on obtaining patents with a bare minimum of claim amendments.

Other Justice, Public Order, and Safety Activities, Patent Law, Fluid Power Cylinder and Actuator Manufacturing, Fluid power cylinders & actuators, Pneumatic Cylinders, Methods, Machinery industry, Patent practice, Estoppel, SMC Pneumatics Inc., SMC Corp., Shoketsu Kinzoku Kogyo Kabushiki Company Ltd.

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Patent protection for bioinformatics tools

Article Abstract:

An overview is presented on patent law for bioinformatics, a synthesis of biotechnology and computer science. Topics include intellectual property and significant protections of core bioinformatics processes such as user data-request interfaces, profiles, and algorithms that mine, manipulate and analyze data.

Interpretation and construction, Biotechnology industry, Biotechnology industries, Computer science

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