Posts in Patent Prosecution


MIT Prior Art Archive: An Overstated Solution to Patent Examination

According to statistics provided by the USPTO, since the beginning of fiscal year 2012, the Office has received a total of only 1,584 third-party submissions of prior art for …

USPTO Announces Access to Relevant Prior Art Initiative to Import Prior Art Citations into Patent Applications

The USPTO recently announced the implementation of the first phase of the Access to Relevant Prior Art (RPA) Initiative. The initiative is being designed to reduce the …
By Steve Brachmann
15 days ago 1

Patent Prosecution Experience Gap: Getting 2 Years Experience

For people starting out in the patent field, virtually all job announcements require some patent prosecution experience. A typical requirement is, for example, at least 2 years of …
By John White
28 days ago 9

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

Intellectual Ventures v. T-Mobile: Summary Judgment of Non-Infringement Vacated Due to Incorrect Claim Construction

In claim construction analyses, the plain and ordinary meaning of a claim term will not be narrowed by statements in the prosecution history, unless those statements clearly …

Investing in Inventing: A Patent Process Primer for Startups

The patent process is long and complex, but well worth the effort if it means protecting your invention and your new company. Key decisions made along the …
By Trevor Day & Neil Ferraro
3 months ago 7

Will the USPTO use annual patent practitioner dues to stop the unauthorized practice of law?

It is no secret to anyone in the industry; the unauthorized practice of law is rampant, and OED does nothing to stop it... If charging dues to …
By Gene Quinn
3 months ago 21

Misapplication of Obviousness: What the MPEP gets wrong about obviousness rejections

MPEP 2141 actually cites to Arendi, but then quotes the case entirely out of context. This is a worrisome problem that can be found in many parts of …
By Gene Quinn
3 months ago 18

PolarityTE stock tumbles, harassed by activist short seller misrepresenting Public PAIR data

Whether the Citron report is intentionally wrong for the purpose of causing PolarityTE stock to tumble, which it has, or whether it is recklessly wrong, or just …
By Gene Quinn
4 months ago 22

Understanding U.S. Patent Prosecution

The journey to a patent begins much before actually filing the patent application, but this article, however, provides an overview of the patent application and patent prosecution …
By Gene Quinn & Michael Benson
5 months ago 4

Federal Circuit Denies Petition for Rehearing En Banc in Xitronix Appeal on Walker Process Claims

On Friday, June 15th, the Court of Appeals for the Federal Circuit denied a petition for panel rehearing and rehearing en banc in Xitronix Corporation v. KLA-Tencor …
By Steve Brachmann
5 months ago 0

Creating Better Applications Through Patent Strengthening

Events along the prosecution process create multiple windows of opportunity for strengthening a portfolio. Decisions are based on indications of market adoption using evidence from specialized technical …
By Martin Bijman
5 months ago 1

CAFC Vacates Board for Moving Target Rejections, Failure to Consider Reply Brief

The moving target rejections were largely due to the fact that the examiner's first clear explanation that she was relying on structural identity, and not inherency, appeared …

Federal Circuit Vacates, Remands After PTAB Fails to Consider Arguments in Reply Brief

On Friday, June 1st, the Court of Appeals for the Federal Circuit issued a decision in In re: Durance striking down a decision by the Patent Trial …
By Steve Brachmann
6 months ago 6

Incorporation By Reference Does Not Establish Priority

In an IPR brought by E*Trade in response to an infringement suit by Droplets, the Board found that the Droplets ‘115 patent was invalid due to obviousness. …

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