Posts in USPTO


Senate Commerce Committee seems comfortable with Wilbur Ross as Secretary of Commerce

In his opening remarks, Ross noted that he had been a consumer of various forms of data published by various agencies within the commerce department. He seemed …
By Steve Brachmann
12 minutes ago 0

Ex parte Itagaki: Has the PTAB gone too far in invalidating patents under 35 USC 101

When addressing the issue of generality vs. particularity, we come across a situation where the inventors described the most crucial aspect of the invention, the classification unit, …

Is Michelle Lee Still PTO Director?

How much longer can there be no official announcement regarding the status of Michelle Lee? The continued silence raises very serious questions, particularly given that there have …
By Gene Quinn
22 hours ago 11

Commerce Lists USPTO Director as Vacant, USPTO declines to comment on Michelle Lee

If Lee did not resign and she has been asked to stay on as Director why has the Patent Office declined to comment? Further complicating matters, if …
By Gene Quinn
2 days ago 21

Navigating Through the PCT Process and the Associated Costs

A PCT application is an international application that is filed under the Patent Cooperation Treaty (PCT), which currently has 151 contracting states. A PCT application is filed with …

Michelle Lee to Stay on as USPTO Director

This morning fresh, credible rumors are surfacing that suggest later today an announcement will be made that Michelle Lee has been asked to stay on as Under …
By Gene Quinn
3 days ago 62

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
4 days ago 19

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
4 days ago 18

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
4 days ago 9

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
4 days ago 3

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
5 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
5 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
9 days ago 17

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 …