Category Archives: Uncategorized

USPTO’s Patents Ombudsman Program

Check out the USPTO’s Patents Ombudsman program:

https://www.uspto.gov/patent/ombudsman-program

“The Patents Ombudsman Program enhances the USPTO’s ability to assist applicants or their representatives with issues that arise during patent application prosecution. More specifically, when there is a breakdown in the normal application process, including before and after prosecution, the Patents Ombudsman Program can assist in getting the application back on track.”

Subject Matter Eligibility of a Chemical Process

The USPTO, provides an example of a patent-eligible claim for a process of hydrolyzing fat molecules into free fatty acids and glycerol without using conventional methods (at the time of invention) of steam distillation with lye or sulfuric acid. [May, 2016]

May 2016 Update: Subject Matter Eligibility Examples: Life Sciences (May 6, 2016)

Example 33 “Hydrolysis of Fat” – From the USPTO’s Subject Matter Eligibility Examples: Life Sciences

The USPTO based the following “patent eligible” claim on technology from US Patent 11,766, which was upheld by the Supreme Court in Tilghman v. Proctor, 102 U.S. 707 (1881).  Although the case is very old, the USPTO notes that Supreme Court has subsequently described the decision as upholding the eligibility of process claims containing a law of nature. See, e.g., Parker v. Flook, 437 U.S. 584, 590-91 and n.12 (1978); Gottschalk v. Benson, 409 U.S. 63, 70 (1972).

Claim    1.   A process for obtaining free fatty acids and glycerol from fat comprising:

(a) mixing substantially equal quantities of fat and water in a closed vessel; and

(b) heating the mixture to an elevated temperature of at least 600 degrees Fahrenheit under sufficient pressure to prevent the formation of steam in the closed vessel; and maintaining the elevated temperature for at least 10 minutes.

USPTO Analysis

Although the claim is founded upon a chemical principle relating to neutral fats, the claim is eligible because, it is not attempting to tie up the chemical principal so that others cannot practice it.  Even if the claim were directed to a judicial exception, the claim amounts to something “significantly more” than any exception.  The claim would amount to something “significantly more” because the claim recites specific unconventional steps.

Patenting Azole-Based Fungicides to Protect Bananas

Chemical & Engineering News (C&EN) published a news update about a 57% increase in patent activity over the past 5 years for fighting fungal wilt known as Panama disease.  Chemical Abstracts Service searched the HCAplus database on STN with a result of 510 patents since 2010 that mention Fusarium oxysporum. C&EN notes that Azole-based fungicides continue to dominate the fight and included BASF patent application publication WO 2015/181009 as an example.

“New Weapons in the Fight against Fungal Wilt”

Chemical & Engineering News, Vol. 44, page 11, November 7, 2016.

http://cen.acs.org/articles/94/i43/New-weapons-fight-against-fungal.html

USPTO-Proposed Rule for Recognizing Privileged Communications Between Clients and Non-Attorney Patent Agents and Forgein Patent Practitioners

The United States Patent and Trademark Office (USPTO) published a proposed rule for recognizing privileged communications between clients and non-attorney patent agents and forgein patent practitioners at the Patent Trial and Appeal Board (PTAB).

Link to Federal Register

This new rule, however,  will not affect the duty of disclosure and candor before the Office under 37 CFR 1.56.

The Office is soliciting comments from the public on this proposed rulemaking. Written comments must be received on or before December 19, 2016 to ensure consideration.

 

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