According to the Insurance Information Institute, more than one in every 10 fatal accidents involves a head-on collision scenario, taking thousands of lives each year. While head-on crashes occur for a variety of reasons — from speeding to impaired driving to unsafe passing — almost all have one thing in common: a driver who engaged…

Patent practitioners who regularly face §101 rejections at the USPTO know that arguing a technical improvement can be a workable approach for overcoming an abstract idea-based rejection. But just as often, practitioners find themselves caught in a frustrating trap: the USPTO agrees that there’s an improvement—but only to the abstract idea itself. And thus, the…

One of roughly every 80 auto accidents involves a driver who crashed due to a medical emergency. The vast majority of these involved people who experienced “seizures, blackouts, or diabetic reactions,” according to the data collected by the National Highway Traffic Safety Administration. When you are hurt in a crash involving an at-fault driver with…

In rapidly evolving fields like artificial intelligence, the precise meaning of claim terms can make—or break—a patent. As practitioners know, clarity in terminology ensures both robust protection and smooth prosecution. However, the issues are clarity often only crystalize long after drafting. Below, we explore how rapidly evolving technologies such as in AI cases result in…

A recent report from the Oregon Occupational Safety and Health Division revealed that an ironworker’s death at a Portland construction site last June was “preventable.” The worker’s death is a somber reminder that errors and negligence at worksites can have fatal consequences. If you have endured serious injuries (or you have lost a loved one)…

In a previous post, we explored the limitations on the use of Official Notice in patent prosecution, emphasizing that while this tool can expedite examination, it is only appropriate when the noticed fact is truly capable of instant and unquestionable demonstration. But what happens when the Applicant disagrees with the use of Official Notice?…

As patent prosecution professionals, we are all familiar with the sometimes vexing challenge of responding to examiner rejections, particularly when those rejections hinge on claims of “common knowledge.” While examiners may sometimes invoke this term to support an obviousness argument or to make the obviousness rejection seem even more daunting to overcome, patent professionals should…

When amending patent claims during prosecution, practitioners must ensure all changes adhere to 35 U.S.C. § 112(a)’s written description and enablement requirements. Amendments must derive explicit or inherent support from the original specification and figures, avoiding the introduction of new matter. As emphasized in 37 CFR 1.83, every element in the claims must be illustrated…

Last week, this blog looked at a recent Multnomah County lawsuit involving a Domino’s pizza delivery driver and a fatally injured pedestrian. The case is a reminder that, compared to a few decades ago, pedestrians, bicyclists, drivers, and passengers today face a wide array of potentially unsafe delivery drivers. Rather than just FedEx, UPS, and…

Many drivers engage in negligence behind the wheel because they are in a hurry, and some of the most time-crunched drivers on the road are food delivery drivers. The pressure to make timely deliveries drives some to engage in unsafe practices, such as speeding. When they do, they place everyone sharing the road at risk,…