Sunday, September 18, 2011

Federal Circuit blog with prosecution focus

A new blog has come to my attention: the Ryan Alley Intellectual Property Law Blog. The focus of the blog so far is Federal Circuit decisions, but with a twist: the posts are written from a patent prosecutor's point of view. For example, Ryan's post on last week's Ultramercial v Hulu decision was subtitled "Claim Drafting Lessons," and the post on CBT Flint v. Return Path (indefiniteness) was subtitled "Prosecution Errors."

I particular like Ryan's blog because each post includes a Lesson section and a Commentary section. I welcome Ryan to the blogosphere and look forward to future posts.


  1. Ryan's blog is AMAZING.

  2. Karen,

    Thank you so much for the link and kind words! All Things Pros is a must-read for me and remains my first choice for BPAI and USPTO practice analysis.


  3. Off topic, but the BPAI decision issued September 22, 2011 in 11/198,699 is nice. Applicant argued non-analogous art. Board agreed and reversed.

    So are there still practitioners out there that think arguing non-analogous art is a waste of time?

  4. TY for pointing out that decision in 11/198,699.

  5. I follow Ryan`s blog. I think is really interesting!and useful!

  6. "TY for pointing out that decision in 11/198,699"

    You're welcome. I have an appeal against that same examiner pending now. Same arguments. His art is complete bullsh!t and he's going to be reversed again. He's also relying on the same garbage case law rationale (e.g. In re Hutchinson) in the application I'm appealing. I'm filing my reply brief next week. Maybe he'll reconsider his sh!tty rejections in light of this reversal and allow my application.


  7. "11/198,699"

    are you kidding me? the inventive concept and point of contention is that the light sources emit "minimal infrared"? the ill effects of infrared on digital video cameras are well known even before the filing date - many come with IR blocking filters and sometimes people want to remove them to form makeshift IR cameras! the primary reference even uses LEDs, the spectrum emitting design of which is also well known; it woulda been way obvious to do this

    shameful case all around - lazy examiner who coulda found better art in 2 minutes and applicant who actually filed on this

  8. "lazy examiner"

    He's stoopit too.