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Archive for October, 2008

“Machine-or-Transformation” Test Determines Patent Eligibility of Process Invention

Alexandria, Va. (October 30, 2008)—Patent Resources Group has issued the following brief analysis of the decision in the In re Bilski case handed down today from the Court of Appeals for the Federal Circuit.

In a 9-3 decision, the Court of Appeals for the Federal Circuit today held that a process is not eligible for patent protection, unless it either (1) is tied to a particular machine or apparatus, or (2) operates to transform an item into a different state or thing. The court affirmed the decision of the Board of Patent Appeals and Interferences of the United States Patent Office upholding the rejection of a patent application directed to a method of hedging risk in the field of commodities trading.

The court acknowledged that “the Supreme Court may ultimately decide to alter or perhaps even set aside this test to accommodate emerging technologies,” and that the Federal Circuit itself “may in the future refine or augment the test or how it is applied.”

The court’s decision thus leaves the future of process patents, including business method patents, uncertain. Inventors, their employers, investors and competitors are unable to predict with any reasonable degree of assurance how their process patents and patent applications, and those of their competitors, will fare in the USPTO and courts.

Academic Director Paul Gardner is available to provide further analysis and commentary. Gardner has more than 40 years experience in patent law and has litigated more than 100 cases. Media interested in speaking with Mr. Gardner should contact Daniel Waldman at 410-962-6447.

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What: Patent Resources Group Advanced Courses Program

Who: Patent Lawyers and Professionals

When: October 15-21, 2008

Where: Hyatt Regency Tamaya Resort & Spa, Santa Ana Pueblo, N.M.

Media interested in attending should contact Daniel Waldman at 410-962-6447 or dw@planitagency.com.

Alexandria, Va. (October 13, 2008)-Patent attorneys and professionals from around the world will gather at the Hyatt Regency Tamaya Resort & Spa outside Albuquerque, N.M. this week to attend the Advanced Courses program offered by Patent Resources Group, the nation’s leading educator of patent professionals.

The program will debut a new course designed to train professionals to effectively manage patent appeals, which have increased by 30% over the past year. The course, entitled When, Why and How to Effectively Appeal to the USPTO, will be taught by William F. Smith, who has 19 years of distinguished service as an Administrative Patent Judge on the U.S. Patent and Trademark Office’s Board of Patent Appeals and Interferences.

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Alexandria, Va. (September 4, 2008)-A dramatic drop in the approval rate of patent applications sent to the U.S. Patent and Trademark Office (USPTO) has increased the need for filing appeals, making patent protection more complicated, expensive and difficult to obtain.

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MEDIA ADVISORY

What: Patent Resources Group Advanced Courses Program

Who: Lawyers and Professionals

When: August 10-15, 2008

Where: Renaissance Mayflower Hotel, Washington, D.C.

Media interested in attending should contact Daniel Waldman at 410-962-6447 or dw@planitagency.com.

Washington, D.C. (August 7, 2008)-Patent attorneys and professionals from around the world will flock to Washington, D.C., next week to attend the Advanced Courses program offered by Patent Resources Group, the nation’s leading educator of patent professionals.

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Advisory Board holds inaugural meeting, June 13, 2008

Charlottesville, Va. (June 12, 2008) -Patent Resources Group, the nation’s leading patent education firm, has assembled the country’s top patent attorneys and agents for its new advisory board, which is scheduled to hold its inaugural meeting on Friday, June 13, 2008, at the Renaissance Ross Bridge Golf Resort and Spa in Hoover, Alabama.

The advisory board members are:

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