Intellectual Property Blog

KEY TAKEAWAYS A 35 U.S.C. 101 patent eligibility rejection means the USPTO examiner has determined your claims are directed to a judicial exception, an abstract idea, law of nature, or natural phenomenon, without reciting "significantly more" to transform them into patent-eligible subject matter. This two-step analysis, established by the Supreme Court in Alice Corp. v. CLS Bank International, 573 U.S. 208 (2014), and Mayo Collaborative Services v. Prometheus Laboratories, 56

By Alan Yomtobian, Esq. - Patent Bar No. 81,255   KEY TAKEAWAYS A patent obviousness rejection under 35 U.S.C. 103 means the USPTO examiner believes your claimed invention would have been obvious to a person having ordinary skill in the art (PHOSITA) based on a combination of prior art references. Overcoming this rejection requires demonstrating that the examiner either failed to establish a proper motivation to combine the references, mischaracterized the teachings of the pr

By Alan Yomtobian, Esq. - Patent Bar No. 81,255 KEY TAKEAWAYS A patent office action is the USPTO examiner's formal written assessment of your patent application, identifying objections or rejections that must be overcome before a patent can be granted. Patent attorneys respond to office actions by analyzing the specific rejection type, crafting targeted claim amendments supported by the original specification, and presenting persuasive legal arguments distinguishing the inve

What Is an Amazon Section 3 Suspension for IP Violations? An Amazon Section 3 suspension is an account-level deactivation invoked under Section 3 of the Amazon Services Business Solutions Agreement, which gives Amazon broad discretion to suspend or terminate seller accounts it considers risky. When Section 3 is triggered by intellectual property violations, the suspension reflects Amazon's judgment that your account as a whole, not just a single listing, presents unacceptable

What Is an Amazon Counterfeit Complaint? An Amazon counterfeit complaint is a formal intellectual property allegation asserting that a seller's product is not genuine, filed through Brand Registry or Amazon's reporting system, which triggers immediate listing removal, account warnings, and potential suspension. Few words frighten Amazon sellers more than "counterfeit." A single Amazon counterfeit complaint can instantly remove your listings, trigger sweeping Amazon IP complai