2009 Patent Law Decisions of the Federal Circuit

This article, by Finnegan attorneys Don Dunner, Bryan Diner, Esther Lim, Troy Grabow, Tina Hulse, and Joyce Craig examines the most important cases and legal, political and judicial changes in U.S. patent law in 2009. In particular, the authors note that the USPTO removed from its regulations highly controversial rules regarding claims from continuation practice. The authors also address significant changes in the judicial branch at both the U.S. Supreme Court and also the U.S. Court of Appeals for the Federal Circuit: highly significant rulings are expected which will affect the written description requirement and the most basic question of patent law--patentable subject matter (Bilski v. Kappos). Further patent law developments emanated from Congress in 2009, when legislators introduced a set of patent reform bills in both houses. The article examines in detail the significance of these and other changes.