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July 2019

COFFYLAW, LLC > 2019 > July

Submission to The Senate IP Subcommittee for Entry Into the Record

We believe that the proposed amendment fixes most of the problems battled by the courts, the USPTO and the patent community in general in the past years. However, the proposed amendment does not address two categories of claims that should be patent eligible under 35 USC Section 101, which the courts have deemed patent ineligible. These categories are: (1) the so-called signal claims and (2) software claims. ...

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What Is a “Kit” Patent?

New Jersey and New York Patent Attorneys Serving Clients Nationwide If an inventor wants to patent selling two or more items together that are brought together at the time of use (as a “kit”), they will often patent what is known as a “kit” claim. You will frequently see kit claims used in biotechnology industries, for example. However, figuring out whether something should be patented as an individual component or as a kit claim can be complex, and requires the analysis and advice of an experienced patent and intellectual property attorney in order to figure out what will provide you with...

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House Subcommittee Discusses Section 101 and Fraudulent Trademarks

The House subcommittee on intellectual property convened a meeting to oversee the U.S. Patent and Trademark Office. Among two of the most important discussions were Section 101 regarding patent eligibility and registration of fraudulent trademarks. 35 USC 101 establishes who is and is not eligible for a patent under U.S. law. In other words, Section 101 establishes what kinds of innovations are patentable. Under Section 101, in order for an invention to be patentable, it must meet four criteria. Those are: No similar patent has been issued before (one patent per invention); The patented technology must serve some useful function; Patents are reserved for processes, machines,...

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