In Trinity Info Media, LLC, et al. v. Covalent, Inc., the Federal Circuit Court of Appeals (CAFC) held that the patent claims were directed to an abstract idea of “matching users who gave corresponding answers to polling questions.” As such, they do not involve an inventive concept under § 101 and are patent ineligible. The holding itself is not
TIMBERLAND’S PRODUCT DESIGN TRADEMARK APPLICATION GIVEN THE BOOT
Introduction
Registration of a proposed trademark or service mark always requires that the proposed mark passes the USPTO’s “no likelihood of confusion” analysis. Additionally the proposed mark must not be merely descriptive of the goods/services under Section 2(e). For merely descriptive marks that are not likely confusing with an existing registered mark, the applicant may instead seek registration under Section
Patent Law’s Enablement Requirement and Genus Claims: What Will SCOTUS Have to Say in Amgen v. Sanofi?
This blog discusses a patent law case which SCOTUS has decided hear on the enablement requirement as it applies to genus claims. The anticipated decision will have ramifications in particular in the life sciences industry which includes the biotech and pharmaceutical industries.
Background
Even if the invention described in a patent application meets the subject matter eligibility (35 U.S.C §
Beware of Patent Law’s On-Sales Bar
Take Home Points