Posts in USPTO


Instagram challenges Microsoft trademark application at TTAB over ‘gram’ suffix

Instagram’s TTAB action targets U.S. Trademark Application No. 86663305, which would protect Microsoft’s use of the standard character mark “ACTIONGRAM” on goods including computer software …
By Steve Brachmann
3 hours ago 0

Comparing and Contrasting European 2-part claims with US Jepson claims

European practice requires a strict distribution of the features before and after "characterizing", where those prior art features that are common with the definition of the invention …
By Brian Cronin
2 days ago 1

A Patent Year in Review: Looking back on 2016, Forecasting for 2017

It is that time once again when we look back on the previous year in preparation to close the final chapter on 2016 and to look ahead toward 2017. …
By Gene Quinn
3 days ago 1

Schedule I status for marijuana prompts TTAB to deny trademark registration for JUJU Joints

A decision to deny trademark registration for two marks to be used on marijuana related goods was handed down in late October by the USPTO’s Trademark …
By Steve Brachmann
3 days ago 0

Chinese patent office receives over one million patent applications, 96 percent are domestic office only

Of the 2.9 million patent applications which were filed in patent offices across the world in 2015, more than one million of those applications were filed with the State …
By Steve Brachmann
4 days ago 7

Videos as a Printed Publication in Inter Partes Review

In a handful of IPRs, the Petitioner has relied on a video, and asserted that the video constitutes a printed publication... One factor raised in these cases …

Regime Change – USPTO

The PTO then drifted towards being a very user unfriendly operation that has become a center of suspicion and cynicism. I do not think Director Lee necessarily …
By John White
5 days ago 17

Federal Circuit’s En Banc Review in Aqua Products Could Upend PTAB Amendment Practice

On December 9, 2016, the en banc Federal Circuit will hear argument in In re Aqua Products, Inc. on an issue that has long been troubling patent owners involved …
By Paul Margulies
5 days ago 4

Federal Circuit Affirms in Part and Reverses in Part “Means Plus Function” Indefiniteness

In an indefiniteness analysis, particularly for a “means plus function” claim, the patent must particularly disclose the corresponding structure for performing the claimed function. It is not …

CAFC says Antedating a Reference under Section 102(g) Focuses on Critical Period as a Whole

In an IPR decision, the Patent Trial and Appeal Board invalidated several claims from U.S. Patent No. 6,030,384 as anticipated or obvious over Japanese Publication No. H1033551…

Federal Circuit Vacates PTAB Decision Applying Incorrect Definition for CBM Patents

Claimed methods incidental or complimentary to financial services are not necessarily reviewable as CBM patents. The claims as they were written must be directed to methods and …

A STEPP In the Right Direction: A review of the PTO Stakeholder Training on Examination and Practice and Procedure (STEPP)

Hands on exercises were part of the program. In reading and understanding a patent application, materials were provided how examiners learn to break down an application in …

CAFC Judges invite en banc review of holding that PTAB decisions to initiate IPRs are unreviewable

''It appears to me that en banc consideration [of Achates] is warranted,'' Judge Taranto wrote. ''It is notable, to begin with, that the [Supreme] Court pointedly …
By John M. Rogitz
10 days ago 5

Dictators, Property Rights and the PTAB: Why the AIA Must be Repealed

Now that Trump has won, the discussion has narrowed to whether Trump will keep patents weak or make patents great again. From the outside perspective, it is …
By Paul Morinville
12 days ago 61

Federal Circuit slams PTAB for wrong definition of CBM patent in Unwired Planet v. Google

The PTAB used the wrong standard to institute the CBM proceeding in the first place, which lead the Federal Circuit to vacate the PTAB decision and remand …
By Gene Quinn
18 days ago 17