Skip to main content

Statute

35 U.S.C. § 102

55 published works

  1. Patent Law Weblog

    The Mental Process Exception to Patentability is Absurd, but Here’s a Quick Fix

    By Zuhn21b31b8b84f

    By Michael Borella –Grab a pencil.  Now train a large language model.Not a big one, mind you.  Let’s go small, something in the range of a few billion parameters, trained…

  2. PTABWatch

    When Metadata Corroborates Inventor Testimony

    By Sandip H. Patel

    An inventor’s testimony of his/her invention date requires independent corroboration. But can that evidence come from a machine rather than a person? In Google LLC v. Valtrus Innovations Ltd., Appeal…

  3. Harness Dickey Blog

    You Just Raised. Here Is the IP Work That Should Happen in the Next 90 Days.

    By Matthew Burton

    A post-financing punch list for companies without in-house IP counsel   The wire hit your account. The board wants a hiring plan. Product, sales, and a new market are funded…

  4. PTABWatch

    Federal Circuit Ignores Precedent, Applies Collateral Estoppel

    By Michael R. Weiner

    In mCom IP, LLC v. City National Bank of Florida (Fed. Cir. May 15, 2026), the Federal Circuit affirmed a district court decision dismissing mCom’s patent infringement complaint under Rule…

  5. PTAB Litigation Blog

    PTAB Issues Notice of Discretionary Denial Rulemaking

    By Matthew Johnson

    Visit Jones Day's PTAB Litigation blog at www.ptablitigationblog.com. By Matt Johnson – On October 17th, the PTAB issued a Notice of Proposed Rulemaking regarding criteria for the Office to apply…

  6. Harness Dickey Blog

    Enablement, Anticipation, and Claim Strategy: Rethinking Biotech Patent Drafting Post-Agilent

    By Matthew Burton

    For anticipation under 35 U.S.C. § 102, a prior art reference must disclose each and every element of the claimed invention, and such disclosure must be enabling. The recent Federal…

  7. PTAB Litigation Blog

    Institution Denied for Insufficient Publication Evidence

    By David Maiorana

    Visit Jones Day's PTAB Litigation blog at www.ptablitigationblog.com. By David Linden, Ernie Olesky, and Dave Maiorana – On October 29, 2024, BabyBjörn AB (“BabyBjörn”) filed two separate petitions for inter…

  8. The Patent Playbook

    <em>Ingenico Inc. v. IOENGINE, LLC</em>: Federal Circuit Resolves the IPR Estoppel Split

    By Erik Milch, Connor Villar

    In what is certain to become a landmark decision, the Federal Circuit has resolved a long-standing question that divided patent litigators and judges alike: does IPR estoppel apply to physical…

  9. PTAB Litigation Blog

    Petitioner’s Proof of Printed Publication Falls Short

    By Matthew Johnson

    Visit Jones Day's PTAB Litigation blog at www.ptablitigationblog.com. By Mike Lavine – On February 6, 2025, the PTAB denied IPR institution because the Petitioner failed to establish that its key…

  10. ILN IP Insider

    Can a Slide Show Be Considered a Printed Publication to Prevent Patentability?

    By Daniel H. Bliss of Howard & Howard

    Suppose you have an invention and disclose it in a slide show to an audience attending a conference. Can this slide show be considered a printed publication to prevent the…