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Author: Michael Dilworth

Understanding and Assessing the Value of IP Strategy for Your Business

Growth-stage and middle-market companies in highly competitive market segments such as aerospace, transportation, technology, industrial systems and communications need to aggressively innovate in order to stay competitive. Firms that yesterday were engaged in one business segment now find themselves competing on multiple emerging fronts, especially as the advent of the […]

Upcoming Free Webinar: Just What is the Federal Circuit Thinking?

Dr. Anthony Sabatelli & David Puleo will be presenting a free webinar on Thursday, April 19th at 1:00 PM (ET) for Dilworth IP, entitled, “Just What is the Federal Circuit Thinking? A Path Forward Amid Subject Matter Eligibility Variability.” Tens of millions spent on product development – how do you protect your company’s technology in an environment where the Federal Circuit redefines patent eligible subject matter on nearly a weekly basis, and where the USPTO’s application of these judgments is just as inconsistent? Is subject matter eligibility no longer a question of law and is it now morphing into a question of fact?

Trade Secrets Bill Signed into Law

On Wednesday, President Obama signed the Defend Trade Secrets Act. His action follows the bill’s passage in Congress, which we previously reported here: /trade-secrets-bill-passes-house-goes-white-house/

In a signing ceremony in the Oval Office, President Obama recognized the legislation’s historic importance, commenting that the law “for the first time will provide civil actions for companies or individuals that are stealing trade secrets from our American innovators[1].”

US Patent Office Provides Further Update on Patent Subject Matter Guidance

On May 5th, the US Patent and Trademark Office published an update to the Interim Guidance titled “May 2016 Subject Matter Eligibility Update” to provide its examining corps with additional guidelines for determining subject matter eligibility under 35 USC §101.

The publication includes a memorandum, “Formulating a Subject Matter Eligibility Rejection and Evaluating the Applicant’s Response to a Subject Matter Eligibility Rejection,” which “seeks to improve examiner correspondence with regard to subject matter eligibility rejections.” It was issued in response to public comments.