prometheusip.pllc, Author at Prometheus IP Law

The Substantive Requirements for a Patent- Eligibility, Anticipation and Obviousness

By prometheusip.pllc April 20, 2026PatentsNo Comments

A person is entitled to obtain a patent for a new and useful “process, machine, manufacture, or composition of matter” or improvement, subject to the requirements of 35 U.S.C. §§101,…

Claim Formalities- Indefiniteness and Non-Standard Claiming Practice

By prometheusip.pllc March 19, 2026Patents

Many of the formality requirements for a patent are found in a single U.S. statute, 35 U.S.C. 112, which states, in part, (a) In General. The specification shall contain a…

Updates to Trademark Application Evidence

By prometheusip.pllc May 8, 2025Trademarks

The Federal Circuit clarified the use of evidence in refusing trademarks under false suggestion of connection with an individual or institution. The Lanham Act refuses registration of any mark that…

Changes to Patentability of Design Patents

By prometheusip.pllc June 7, 2024Design Patents, Patents

Updates to design patent requirements

Updates to Obviousness Requirement Analysis

By prometheusip.pllc April 12, 2024Patents

Updates to the analysis needed for finding obviousness in a patent

Written Description and Patentable Subject Matter Update

By prometheusip.pllc January 3, 2024Patents

A recent Federal Circuit case exemplifies the importance of adequately describing inventions in patent applications. PureCircle, and its related entities sued SweeGen and related companies for infringement of U.S. Patent…

Responding to Claims of Obviousness: The Weight of Secondary Factors

By prometheusip.pllc September 11, 2023Patents

In 2015, Volvo Penta launches a stern-drive, steerable, forward-facing marine engine. In these motors, the propeller faces the bow, as seen from Figure 1.[i] The product was based on a…

Selecting the Type of Patent Application

By prometheusip.pllc April 21, 2023Patents

A breakdown of the three main types of patent applications available in the U.S.

Understanding the Obviousness Requirement in Patent Law

By prometheusip.pllc April 3, 2023Patents

One of the substantive requirements to obtain a patent, 35 U.S.C. §103, states if the differences between the claimed invention and the prior art are such that the claimed invention…

The Non-Traditional Importance of the Specification

By prometheusip.pllc March 1, 2023Patents

The text/ body of a patent application, i.e. the specification, (along with any figures) holds an important role in acquiring a patent, since it must describe how to make and…