The Decision on Priority
By Kevin E. Noonan –
On March 26, the Patent Trial and Appeal Board, without holding an oral hearing and despite a rather sharply worded opinion by the Federal Circuit vacating and remanding its earlier priority
Patent Docs is a specialized blog focusing on patent law and intellectual property issues, particularly in the United States. It publishes detailed analyses and commentary on patent eligibility, subject matter eligibility, patent office policies, and recent court decisions affecting patent law. The blog often discusses the impact of legal standards such as the Alice test and Section 101 on patentability, as well as regulatory developments involving the USPTO and Federal Trade Commission. It also covers topics related to pharmaceutical patents, inventorship rules, and the challenges of patenting AI-assisted inventions. The content is aimed at legal professionals, patent practitioners, and those interested in patent policy and law.
The Decision on Priority
By Kevin E. Noonan –
On March 26, the Patent Trial and Appeal Board, without holding an oral hearing and despite a rather sharply worded opinion by the Federal Circuit vacating and remanding its earlier priority…
By Donald Zuhn –
Earlier this year, Argentine intellectual property law firm Berken IP reported that Argentina had signed a Reciprocal Trade and Investment Agreement with the United States that included several commitments to harmonize its intellectual property system with international standards. …
By Dunstan Barnes, Catalina “Caty” Medrano, and Tristan Morgan –
On March 12, 2026, U.S. Patent and Trademark Office Director John A. Squires announced new supplemental guidance regarding examination of design patent applications related to computer-generated interfaces and…
By Kevin E. Noonan –
The course of the proceedings involving the attempts to remove Judge Pauline Newman from the Federal Circuit is long, and in many senses tragic (see links below). Just when you might think the last Act…
Despite a pointed decision by the Federal Circuit vacating and remanding the matter to the Patent Trial and Appeal Board, yesterday the Board once again granted priority for CRISPR technology to the Broad Institute. A more detailed discussion of the…
By Kevin E. Noonan –
The Parties – Senior Party Broad Institute, Harvard University, and MIT (collectively, “Broad”) and Junior Party Regents of the University of California, Berkeley; University of Vienna; and Emmanuelle Charpentier (collectively “CVC”) – each timely filed…
By Michael Borella –
Among the many failings of the current U.S. patent eligibility framework under 35 U.S.C. § 101, perhaps none is more corrosive to the patent system’s basic function than the fact that the framework keeps changing. The…
By Kevin E. Noonan –
Neither the Parties nor the Patent Trial and Appeal Board (PTAB) have been resting in addressing the decision by the Federal Circuit that vacated and remanded the Board’s decision awarding priority in Interference No. 106,115…
By Kevin E. Noonan –
The course of the proceedings involving the attempts to remove Judge Pauline Newman from the Federal Circuit is long and in many senses tragic (see links below). Last week the latest, and likely last, Act…
By Kevin E. Noonan –
One of the beneficial characteristics of the response to the COVID-19 pandemic were pledges from companies involved in developing vaccines (such as Moderna, Pfizer, BioNTech and others) not to enforce patents on relevant technology during…