Blog | Parsons & Goltry | Patent Law Blog

Federal Circuit Refuses to Defer to 2019 USPTO Revised Patent Subject Matter Eligibility Guidance – Cleveland Clinic Found. v. True Health Diagnostics LLC (Fed. Cir 2019) (nonprecedential)

by Michael Goltry, Registered Patent Attorney (480-991-3537; mg@pgpct.com) On January 7, 2019, the U.S. Patent and Trademark Office (USPTO) issued is 2019 Revised Patent Subject Matter Eligibility Guidance (2019 PEG). The 2019 PEG revises the USPTO’s procedures to determine whether a claim is directed to a judicial exception to patent eligible subject matter. The intention… See the Full Article

Category: Patents , Trademark

The Provisional Application for Patent

by Michael Goltry, Registered Patent Attorney (480-991-3537; mg@pgpct.com) Since 1995, the United States Patent & Trademark Office (“Office”) has offered inventors the option of filing a provisional application for patent which was designed to provide a lower cost first patent filing in the United States. A provisional application provides the means to establish an early… See the Full Article

Category: Patents

2019 USPTO Revised Patent Subject Matter Eligibility Guidance

In Alice Corp. Pty. Ltd. V. CLS Bank Int’l, 134 S. Ct. 2347 (2014) (“Alice Corp.”), the Supreme Court made clear that it applies the framework set forth in Mayo Collaborative Servs. v. Prometheus Labs., Inc., 132 S. Ct. 1289 (2012) (“Mayo”) to analyze claims directed to laws of nature and abstract ideas. Alice Corp. Also… See the Full Article

Category: Patents

Patent Application Boilerplate Language Not Sufficient to show Enabling Disclosure

Unlike early patent applications, most patent applications now include closing “boilerplate language” designed to broaden the scope of patent coverage. Here is an example: Persons having ordinary skill in the art will recognize certain modifications, permutations, additions and sub-combinations therefore. It is therefore intended that the following appended claims hereinafter introduced are interpreted to include… See the Full Article

Category: Copyright , Non Disclosure

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"Mr. Goltry took a provisional patent that we'd filed ourselves, and quickly and professionally turned our innovation into U.S. and foreign applications. His [patent claims] were a thing of beauty, and I was amazed by how deftly he countered the inevitable office actions. His language held up, and the U.S. Patent just issued. He was easy and efficient to work with, and his fees were remarkably reasonable. We're not planning to go anywhere else, ever."

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"I applied for a patent through Parsons & Goltry. After being on the docket for 2 years at the USPTO, I received notification that my patent request had been denied. Michael Goltry contacted me immediately to review my options. After I informed him of my decision to move forward, he filed a response to the USPTO. In his response he got the examiner to fully understand the claims in the patent application and the "denied" decision was reversed. I was able to secure and receive a "patent granted" decision. Thank you, Michael Goltry."

- Kathy H., Inventor