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**CLAIMS THAT PLAUSIBLY RECITED INVENTIVE CONCEPT DEFEATED MOTION TO DISMISS
Weisner v. Google LLC, 21-2228 — Last Thursday in an opinion by Judge STOLL, the Federal Circuit affirmed-in-part and reversed-in-part a district court dismissal of Weisner’s patent infringement suit under Rule 12(b)(b) as patent-ineligible under 35 U.S.C. § 101. The patents all related to digitally recording a person’s physical location and using the results to enhance web search results.
The Federal Circuit upheld the dismissal of two patents whose claims were directed to the idea of “creating a digital travel log” and lacked “something more” to transform them into a “patent-eligible application.” It reversed the dismissal of two other patents. Although the claims were directed to the idea of “creating and using travel histories to improve computerized searched results,” Weisner had “plausibly alleged that the[y]. . . recite[d] a specific implementation of the abstract idea that purport[ed] to solve a unique problem to the Internet.” This was an inventive concept sufficient to defeat a motion to dismiss. Judge HUGHES dissented as to this aspect of the majority’s holding, arguing that “the only purportedly unconventional aspect of the claim is the use of location history in a search engine,” which he said was “the abstract idea itself.”
(1 to 4 stars rate impact of opinion on patent & trademark law)
USPTO PUBLISHES FINAL RULE AMENDING REGULATIONS TO IMPLEMENT PROVISIONS OF TMA
Last week the USPTO published a final rule in the Federal Register amending its regulations to implement provisions of the Trademark Modernization Act of 2020 (TMA). The rule changes the effective dates for regulations that establish new Office action response periods. Beginning on December 3, 2022, instead of the current six months, trademark applicants will have three months (with a possible three-month extension) to respond to an office action issued during the examination of a trademark application at the United States Patent and Trademark Office (USPTO). This same change will go into effect for post-registration office actions on October 7, 2023.
The notice explains that postponing the deadline to respond to post-registration office actions will allow the USPTO to update its IT systems and “provide the public an opportunity to more fully comprehend the nature of, and prepare to comply with, the new provisions before they are effective.”
A FRESH NEW LOOK FOR THE AWARDS CELEBRATION ON DECEMBER 7TH
A new format for the IPO Education Foundation Awards Celebration will allow guests more opportunities to network. The event will be held on December 7th from 6-10pm ET at the National Building Museum, and the schedule includes a welcome reception, awards ceremony, and post ceremony dinner reception. During the post ceremony dinner reception, various food stations and bars will be set up around the room to allow for guests to move around and meet new people or catch up with old friends.
Purchase a ticket or table sponsorship today! Each sponsor level comes with access for you and your guests to this premier event. Don’t miss your opportunity – space is limited. Visit IPOEF.org for more information.
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