Come see us at the AIPLA annual meeting this Thursday and Friday!

We at Anticipat have been busy improving the user experience for patent practitioners who are keen on using patent analytics in their practice. Now, Anticipat would like to show you this functionality first hand. To this end, we will have a booth and a presenter at this year’s AIPLA annual meeting in Washington, DC.

Adam Stephenson, co-founder and chief operating officer of Anticipat, will be at booth 36 demoing our new research and analytics interfaces and answering questions about using Anticipat data in patent prosecution. At the booth, we are giving away a FlashForge Creator Pro 3d printer to the lucky person who signs up for a free trial during the conference period (no need to attend the annual meeting necessary!).  To win, sign up for a free trial Thursday October 25 through 1:30 PM Eastern on Saturday October 27.  Current or past subscribers attending the meeting can leave their business card with Adam at our booth or send an email to admin@anticipat.com during the giveaway period to be entered to win.

Adam will also be presenting in the Thursday am (9am-12noon on October 25) track: patent prosecution. His presentation is titled “Tactics for leveraging objective indicia of nonobviousness during patent prosecution.”

If you are at the annual meeting this week, we’d love to meet up with you. Drop in at our booth, come check out Adam’s presentation or reach out to us to set up a time to meet at admin@anticipat.com or +1.480.779.7093.

 

Number of abstract idea rejections decided at PTAB for August 2018 higher than ever, but reversal rate treads water

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Recently at the IPO Annual meeting on September 24, USPTO director Andrei Iancu acknowledged the obvious: Section 101 is making folks’ lives difficult. The director also had some strong words about the abstract idea patent-eligibility doctrine. Calling into question the established framework, the director asked: “How can a claim be novel enough to pass 102 and nonobvious enough to pass 103, yet lack an ‘inventive concept’ and therefore fail 101?” It does not look like a fix to 101 is coming anytime soon. But it does look like this struggle is increasingly making its way to the Board.

August 2018 saw a record-number of abstract idea rejections decided at the Board. The PTAB decided 209 abstract idea rejections. And even with such a high number of cases, the reversal rate only slightly dipped compared to prior months. See previous post on recent months abstract idea decisions. For August, 30 of 207 decisions were entirely reversed, yielding a complete reversal rate of 14.5%.

As examiners and applicants grapple with the abstract idea doctrine of patent-eligibility, the trend seems to be that applicants will increasingly seek the PTAB judges to adjudicate in their favor. And if recent months are any indication, that gamble is paying off more than ever before. But still with reversal rates in the teens, it’s still one of the most difficult of all rejections to overturn on appeal. Plus with the director’s strong words, the reversal rate should continue to trend upward.

Check out additional information at Anticipat.com. You can look up, for example, all the decisions where the board reversed specific examiner rejections. Try out a trial for Anticipat Research today.