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Patent analysis and insight

Analysis and insight to bring more predictability, transparency, and equity to your patent prosecution.

2019-patent-report

The 2019 Patent Landscape: Mid-Year Review

If the first six months of 2019 are any indication, this year will be a year of reform. 

In June, we marked the fifth anniversary of the Supreme Court’s landmark decision in Alice Corp. v. CLS Bank International, 573 U.S. 208 (2014). Far from being settled law, questions of subject matter eligibility have dominated the conversation about patents in the courts, Congress, and the USPTO during the first half of the year. The continued controversy surrounding the Alice case half a decade after it was decided vividly demonstrates its unpopularity and underscores the broad consensus that the time for reform is now.

Elsewhere, the Supreme Court also issued two decisions focusing on provisions of the America Invents Act (AIA), while theft of IP assets by Chinese firms continues to plague U.S. businesses..

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afcp 2.0

Do AFCP 2.0 Requests Actually Work? (2019)

In 2013, the USPTO enacted the After Final Consideration Pilot (AFCP) 2.0 program as an alternative response to a final rejection. The goal of the program was to increase communication between examiners and applicants and take those applications that are close to allowance across the finish line, without requiring the time and cost inevitably associated with an RCE.

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The State of Patent Eligibility in America

Over the last two weeks, patent practitioners, former judges, consultants, and law professors have testified in front of the Senate on the subject of patent eligibility law. Here's a recap of the hearings: 

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Video: Three Essential Examiner Reports for a More Strategic Prosecution

Thanks to Juristat examiner analytics, patent practitioners can now leverage data to shape prosecution strategy based on the decision history of an assigned examiner.

Here are  three essential (and often overlooked) examiner analytics that can lead to a more strategic prosecution.

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Sprint _ TMobile

Future of Telecom: The T-Mobile / Sprint Merger

Sprint and T-Mobile recently announced that they had reached a deal to merge, promising to “be a force for positive change in the U.S. wireless, video, and broadband industries.” Combining the country’s third and fourth largest mobile service providers would be one of the most significant consolidations in the American wireless market in years.

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Examiner-Data-NDWE

Data Makes the Difference: Nicholson De Vos Uses Data to Support Strategy and Client Relations

We’ve all been there. Prosecution is taking longer than expected. You’re facing one rejection after another. And your client is starting to question whether this patent is worth pursuing.

This precarious position is where Jonathan Miller of Nicholson De Vos Webster & Elliott LLP found himself during a recent prosecution.

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technology big data patent prosecution

Video: How Big Data Can Help You Before, During, and After Prosecution

Thanks to Juristat patent analytics, practitioners can now leverage data to make strategic decisions throughout the patent prosecution process.

Watch our latest video to learn how firms and in-house teams can shape strategy with big data during all parts of the prosecution process.

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Change is Coming to Alice: Examiners with the Highest Percentage of Alice Rejections, 2014-2017

Due to inconsistent interpretation, preparing for and responding to Alice rejections has become one of the most stressful aspects of patent prosecution. Rejections citing Alice have multiplied exponentially since the initial decision on June 19, 2014, and they now account for more than 60% of §101 rejections and more than 8% of all rejections, as of our latest analysis.

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Future of Pharma: Bristol-Myers Squibb’s Acquisition of Celgene

Two of the biggest pharmaceutical companies are joining forces in a blockbuster merger. Bristol-Myers Squibb is buying Celgene in a cash and stock deal valued at about $74 billion.

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Oscar _ Movie Post

Lights, Camera, (Office) Action: Patents + the Film Industry

On Sunday, February 24, film fans, pop culture fanatics, and all of Hollywood’s brightest stars will tune in to the live broadcast of the 91st Oscars ceremony. With eight movies nominated for best picture, from the bombastic Queen biopic Bohemian Rhapsody to the devastatingly poetic Roma, the ceremony is guaranteed to be star-studded, ornate, and maybe even a little unpredictable.

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