Posts in USPTO


Don’t Miss the Big Picture: What Companies Get Wrong When It Comes to IP Strategies

Yesterday’s IPWatchdog webinar, “How to Evolve Your IP Strategy Over Time,” focused on the trouble companies—both large and small—can run into when they don’…
By IPWatchdog
12 hours ago 1

Of Secret Sales and Public Uses: The Practical Consequences of the Supreme Court’s Helsinn Decision

It seemed like a trade secret trifecta when Congress in 2011 passed the America Invents Act (AIA). Although the statute was aimed at patent reform, it made three …
By James Pooley
1 day ago 1

Return Mail v. USPS Oral Arguments: Both Sides Struggle in Robust Questioning at Supreme Court

On Tuesday, February 19, the U.S. Supreme Court heard oral arguments in Return Mail Inc. v. United States Postal Service, a case that asks the nation’s …
By IPWatchdog
2 days ago 10

U.S. Cannabis Inventions on the Rise As Legal Marijuana Market Grows

The shifting status of marijuana from an illegal controlled substance to regulated medicinal product to, in some jurisdictions, legalized recreational activity has created a market that promises …
By Steve Brachmann
3 days ago 3

IP and Innovation on Capitol Hill: Week of February 18

This week is quiet on Capitol Hill with Presidents’ Day on Monday, after which the House of Representatives enters a district work period and the Senate is …
By IPWatchdog
4 days ago 0

Mitigating ‘Justified Paranoia’ via Provisional Patent Applications

As mentioned in Part I of this series, many inventors will seek to obtain some kind of patent protection so they can stake claim to their invention. …
By Gene Quinn
4 days ago 3

Other Barks & Bites for Friday, February 15

This week in Other Barks & Bites: the USPTO appoints a new Chief Information Officer; Apple uses Qualcomm chips in Germany while American professors urge the ITC to …
By IPWatchdog
7 days ago 2

First PTAB Reversals Under New Subject Matter Eligibility Guidance

Since having been sworn in as the new director of the U.S. Patent and Trademark Office (USPTO) in February 2018, Andrei Iancu has led the charge to …

Simultaneous Invention as Secondary Evidence of Obviousness

Is an invention arrived at by multiple inventors within a short space of time necessarily obvious? If not, how far may the evidence of simultaneous or contemporaneous …

USPTO Report: Only Four Percent of Patents Name Women-Only Inventors Over the Last Decade

The United States Patent and Trademark Office (USPTO) released a report on Monday that paints a rather dire picture for women inventors. The report, “Progress and Potential: …
By Eileen McDermott
9 days ago 17

The Federal Circuit is Shirking Its Constitutional Duty to Provide Certainty for Critical Innovation

Here we go again! Another patent whose claims have been invalidated at the Federal Circuit—predictably, another medical diagnostic patent. Athena Diagnostics v. Mayo Collaborative (Fed. Cir. …
By Gene Quinn
10 days ago 25

Federal Circuit Holds Parties Joined to an IPR have Right to Appeal PTAB Decision—Even if Original Petitioner Lacks Article III Standing

The Federal Circuit on February 1 affirmed the Patent Trial and Appeal Board’s final written decision in an inter partes review concluding that the claims of a …

The ‘Iancu Effect’ Won’t Matter if Not Supported by the Courts or Congress

The Global Innovation Policy Center (GIPC) of the U.S. Chamber of Commerce issued its annual International IP Index ranking the intellectual property environments in 50 of the …
By Gene Quinn
11 days ago 4

Iancu Highlights U.S. Role in the Future of Innovation in Remarks at U.S. Chamber’s Global IP Index Reception

On February 7, the Global Innovation Policy Center (GIPC) of the U.S. Chamber of Commerce held its 2019 U.S. Chamber International IP Index Reception to announce the …
By Gene Quinn
11 days ago 0

Anatomy of a Valuable Patent: Building on the Structural Uniqueness of an Invention

From a conceptual standpoint, it would seem logical to assume that writing text to describe a particular invention ought to be easy for the inventor of that …
By Gene Quinn
11 days ago 0