Posts in USPTO


What are the Priority Date, Patent Term, and Effective Filing Date of a Patent: The Roles of Specific Reference, Incorporation by Reference, and Claim Support

A recent Federal Circuit decision demonstrates that for priority claims and patent term, the phrase “specific reference” is key. For example, amongst three related applications, to get …

Harmonizing the PTAB: Iancu calls change to Phillips ‘critically important’

"It seems self-evident that the same patent contested in different tribunals should have its meaning – its boundaries – determined using the same standard," Director Iancu said when discussing …
By Gene Quinn & Steve Brachmann
1 month ago 4

Using Do-It-Yourself or Online Trademark Registration Services Can Prove Disastrous for Entrepreneurs

Mass market online filing services simply do not give their clients the time and attention they require and deserve during the trademark application process. The money clients …
By Mark Peroff
1 month ago 0

Iancu: Boundaries of a patent should not depend on which forum reviews the patent

Director Iancu: 'For the sake of predictability and reliability, the boundaries of a patent should not depend on which forum happens to analyze it. People who want …
By Gene Quinn
2 months ago 3

PTAB Seeks Comments on Proposed Changes to Motion to Amend Practice in AIA Trials

The United States Patent and Trademark Office (USPTO) has published a Request for Comments (RFC) about a proposed procedure for motions to amend filed in inter partes …
By U.S.P.T.O.
2 months ago 0

USPTO Director Iancu tells AIPLA annual meeting: ‘It is a new day at the PTAB’

"The amendment process should allow the patent owner a meaningful process to draft narrower claims," Iancu said after pointing out that the statute specifically allows for patent …
By Gene Quinn
2 months ago 10

Trademark Alert: Unauthorized Changes to Trademark Applications and Registrations

The United States Patent and Trademark Office sent an e-mail notifying stakeholders of an alarming ongoing scheme to hijack trademark files. Apparently, there has been a number …
By Gene Quinn
2 months ago 0

Director Andrei Iancu lauds risk takers, calls patent troll narrative ‘Orwellian doublespeak’

Remarkably, in what I believe amounts to Orwellian “doublespeak," those who’ve been advancing the patent troll narrative argue that they do so because they are actually …
By Gene Quinn
2 months ago 49

Waymo Patent Asserted Against Uber Suffers Setback in Reexamination

he U.S. Patent and Trademark Office issued a final office action in an ex parte reexamination of a patent owned by Google self-driving car development subsidiary …
By Steve Brachmann & Gene Quinn
2 months ago 0

Supreme Court Asked to Consider Immoral or Scandalous Trademarks

On September 7, 2018, the government filed a petition for writ of certiorari in the case relating to Eric Brunetti’s clothing brand, called FUCT. Although Brunetti has marketed …
By Brian Iverson
2 months ago 1

USPTO Publishes Final Rule Adopting Phillips Standard at PTAB

The United States Patent and Trademark Office (USPTO) has published a final rule in the Federal Register changing the claim construction standard applied during inter partes review (…
By Gene Quinn
2 months ago 15

Patent Uncertainty: Real Ideas, Real People, Real Harm

Today, the patent system is a very fluid situation due to recent legislation and court decisions that have caused considerable uncertainty and legal maneuvering.  As a first-time …
By Jeffrey Killian
2 months ago 7

Trademarks: What Entrepreneurs Need to Know about Securing and Protecting Trademarks

Trademarks protect distinctive marks, such as brand names, logos, and designs.  This protection allows a trademark holder to exclude others from using the mark without permission of …

Patent Office Extends After Final Consideration Pilot Program 2.0

Earlier today the United States Patent and Trademark Office (USPTO) announced that the After Final Consideration Pilot Program 2.0 (AFCP 2.0) would be extended until September 30, 2019. The goal of …
By Gene Quinn
2 months ago 9

IPR Outcomes of Orange Book Patents and its Effect on Hatch-Waxman Litigation

Out of the 230 Orange Book patents challenged in IPR proceedings, 90.4% (208) of these patents were also challenged in Hatch-Waxman litigation perhaps due to the lucrative 180-day exclusivity incentive …
By Tulip Mahaseth
2 months ago 3

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