Posts in USPTO


Is Michelle Lee Refusing to Leave the USPTO?

I learned from a credible source that Lee was either refusing to resign or perhaps attempting to revoke her letter of resignation. Shortly thereafter I was told …
By Gene Quinn
2 hours ago 2

CAFC finds graphical user interface patent claims eligible, CBM decision still pending

The Federal Circuit has found claims to a graphical user interface (GUI) patent to be patent eligible. See Trading Technologies International, Inc. v. CQG, Inc. The decision …
By Gene Quinn
9 hours ago 5

America Needs Startup Experience in the USPTO Director

We just don’t need another lawyer or lobbyist to run the USPTO. We need more this time. We need someone from the grassroots who understands the …
By Paul Morinville
14 hours ago 7

Other Barks & Bites for Wednesday, January 18th, 2017

This week’s news headlines include nomination hearings for the potential incoming U.S. Commerce Secretary, the Supreme Court’s granting certiorari for an important case in …
By Steve Brachmann
19 hours ago 2

A Slanted View of Scandalous and Disparaging Trademarks

The Supreme Court has scheduled oral argument in Lee v. Tam for January 18... The genesis of the case is a Portland, Oregon all-Asian-American band called The Slants, …
By Esther Sirotnik
2 days ago 0

Lex Machina litigation report shows 22% drop in patent infringement suits for 2016

For the year patent infringement cases dropped by 22 percent from the previous year, from 5,823 cases in 2015 down to 4,520 cases in 2016. 2016 actually saw the lowest number of patent …
By Steve Brachmann
2 days ago 0

Who will President Trump Nominate as the next Director of the Patent and Trademark Office?

Among the names under consideration is Randall Rader, the former Chief Judge of the United States Court of Appeals. But according to patent expert and noted commentator …
By Gene Quinn
6 days ago 16

CAFC: When Relying Common Sense There Must be Explicit and Clear Reasoning

The Board’s determination was “potentially lawful but insufficiently or inappropriately explained.” The finding of obviousness was vacated and the case was remanded for further proceedings... Obviousness …

Federal Circuit Clarifies Injury in Fact Standing to Challenge Final Agency Decision in IPR

In appealing from a final IPR decision, the appellant must have standing, based on evidence of record or supplemental evidence showing an “injury in fact.” Alleged economic …

A Pre-Appeal Brief Conference is a Winning Strategy, Even if it Probably Won’t Lead to Allowance

After several articles and webinars discussing appeals outcomes at the USPTO, we have received numerous requests for Pre-Appeal Brief Conference data to explain how advantageous the program …

Could or should the USPTO adopt the EPO problem-and-solution approach for assessing obviousness?

There is a plausible case that the US law on obviousness is indeed compatible with the EPO problem-and-solution approach. It could even be said that the steps …
By Brian Cronin
7 days ago 13

Cowboys’ Prescott and Elliott in hunt for the Super Bowl and U.S. trademark registration

Not only are these two young men rising NFL stars who look as though they will have very promising careers; they’re also intellectual property owners. An …
By Steve Brachmann
7 days ago 0

I hope Trump’s ‘America first’ will apply to inventors

I believe it’s not a good thing to be an inventor in the US and I hope that Trump’s “America first” will apply to inventors. …
By Jean Paul Castille
8 days ago 1

IP News: The Maiden Voyage of the USS IP Watchy McDogface

Without reneging on our commitment to in-depth coverage of the IP world, we wanted to add a new element to our coverage and today we’re introducing …

USPTO Announces New Patent and Trademark Advisory Committee Members

The U.S. Department of Commerce’s United States Patent and Trademark Office (USPTO) announced new Patent and Trademark Advisory Committee Members for the Patent Public Advisory …
By Press Releases
9 days ago 1