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by Dennis Crouch
China now receives more US patents than Japan. The crossover happened in 2024, and the projection for 2026 puts China around 58k compared with Japan's 45k. But, this total does hide a big exception. Japan is still ahead on utility patents -- with China shooting ahead with a large bolus of design patents. The charts in these posts count patents w...
by Dennis Crouch
This is the third post in a series digging into office action rejections. As its name implies, a rejection from an examiner includes a finding that at least some claims are unpatentable. But, many rejections also indicate the allowability of other claims. The first posts looked at the first action on the merits. Dennis Crouch,
by Dennis Crouch
Every issued patent comes with a promise granting "to the person(s) having title to this patent the right to exclude others from making, using, offering for sale, or selling the invention throughout the United States of America . . ." 35 U.S.C. § 154(a)(1). But, that sentence became misleading twenty years ago when the Supreme Court decided eB...
by Dennis Crouch
A patentable invention needs to be more than simply "new." Rather, an invention requires a substantial step beyond what was already known in the field. Since 1952, this doctrine has been known as "obviousness," and the core question is whether a person of ordinary skill in the art (POSITA) would have - at the time of the patent application fili...
by Dennis Crouch
The Federal Circuit has affirmed dismissal of a patent infringement complaint because the patentee, a non-practicing entity holding eleven settlement licenses, failed to plead compliance with the patent marking statute.