Courts Want Less Drafting, More Crafting In Patent Apps

Law360, New York (March 5, 2014, 7:11 PM EST) -- “The life of a patent solicitor has always been a hard one” observed Judge Giles Rich in the 1960s.[1] And at no time has that seemed more true than today, as heightened interest at the U.S. Supreme Court, conflicting views within the Federal Circuit, and assertive steps at the U.S. Patent and Trademark Office combine in a “perfect storm” for patent applicants.

At the Supreme Court, the standard for nonobviousness seemed heightened by KSR in 2007,[2] and patent-eligible subject matter seemed progressively narrowed through the recent...
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