Posts in USPTO


USPTO Decision to Disclose Unpublished Patent Application is Judicially Reviewable

The Federal Circuit held that the structure and language of §122(a) indicate that Congress intended the exceptions to confidentiality to be narrow and reviewable. §122(a) contains two …
8 hours ago 0

PTAB refuses Volkswagen IPR petition against Marathon patent

In siding with the patent owner the PTAB explained that the petitioner insufficiently made a case that the claimed invention was obvious. A proper obviousness argument must …
1 day ago 2

USPTO proposes pilot where a single APJ would make IPR institution decisions

Presently the USPTO has a panel of three APJs decide whether to institute a trial, and then normally has the same three-APJ panel conduct the trial, if …
3 days ago 5

USPTO denies Kyle Bass IPR patent challenge against Acorda Therapeutics

The USPTO declined to initiate an inter partes review of two patents owned by Acorda Therapeutics, Inc. Acorda patents were challenged by the Coalition for Affordable Drugs, …
3 days ago 5

PTAB must evaluate district court claim construction to determine whether it is consistent with BRI

Even though the Board is generally not bound by the district court’s construction of claim terms, it does not mean that “it has no obligation to …
7 days ago 0

Federal Circuit affirms rejection of trademark for refusal to disclaim descriptive term

The Federal Circuit affirmed the TTAB, noting that substantial evidence supported the TTAB’s findings. Where, as here, the disputed term is highly descriptive, the TTAB acted …
7 days ago 0

Statement by USPTO on Alleged Patent Examiner Time and Attendance Abuse

In a statement released late afternoon on Thursday, USPTO Chief Communications Office Todd Elmer explained that the USPTO "takes very seriously even one incidence of time and …
8 days ago 3

USPTO pays patent examiner for 730 hours fraudulently not worked

According to the IG report, “Examiner A committed at least 730 hours of time and attendance abuse, resulting in the payment of approximately $25,500 for hours not worked in …
8 days ago 12

Overview of USPTO proposed rule changes to practice before the Patent Trial and Appeal Board

USPTO proposed rule changes would amend the existing rules relating to trial practice for inter partes review (IPR), post-grant review (PGR), the transitional program for covered business …
9 days ago 6

PTAB to determine whether to sanction Kyle Bass for filing IPRs

According to Celgene, the Kyle Bass strategy of shorting a stock and filing an inter partes review challenge is an abuse of the process and not what …
11 days ago 31

Top Ten Law Firms in Technology Center 2400

Technology Center 2400 covers the technologies of computer networks, multiplex communication, video distribution, and cybersecurity. In terms of average time to allowance, it is the slowest-moving technology center, …
18 days ago 4

Are Business Method Patents Dead? It Depends on Who’s Applying for Them

Business method patents are still being granted after Alice, but are being granted at lower rates than before, and some assignees are better at obtaining them than …
24 days ago 5