Posts in USPTO


The Anatomy of a Bogus Alice Rejection

First, this type of circular "logic" is at the heart of virtually all Alice rejections. Here the examiner concludes there is nothing significantly more than the judicial …
By Gene Quinn
1 day ago 2

Alice Experts and the Return of Second Pair of Eyes to the PTO

In every art unit examiners confirm that there is an examiner within the Art Unit who is the Alice expert and that examiners have said that even …
By Gene Quinn
2 days ago 29

After Cuozzo, Congress Must Take Back the Ball

While the Supreme Court spoke clearly and unanimously on the issue in Cuozzo, this hardly means the standard to be applied to claim construction in IPRs has …
By Jonathan Tropp
5 days ago 8

Message from the USPTO: It’s Patent Prosecution, not Persecution

Examiners are not supposed to think about the nebulous areas of 101, 102, or 103, nor are they to interpret case law from judicial opinions. Instead, the USPTO has already …
By Raina Haque
5 days ago 45

Prosecution reopened: Examiners stop applicants from appealing

Due to a bizarre jurisdictional “feature,” the Board does not actually get jurisdiction over a case until either a Reply Brief has been filed or the time …
By Gene Quinn
6 days ago 26

Administrative Purgatory: Waiting 14 months and counting for action after Board reverses examiner

Delay, frustrate, harass and ignore patent applicants. Issue frivolous rejections if necessary, but reject at all costs. If the Board issues a complete reversal just reopen prosecution. …
By Gene Quinn
7 days ago 16

Are patent examiners instructed to issue frivolous rejections?

So an applicant waits years on appeal to get relief from frivolous rejections, achieves a complete and total victory, and their reward is another bogus rejection from …
By Gene Quinn
8 days ago 43

Immersion Corp v. HTC Corp: CAFC affirms filing continuation on day parent issues

In large part, the CAFC was concerned with the possible disruption of overturning long-standing PTO practice and the reliance placed on it by practitioners, and this respect …
By John M. Rogitz
8 days ago 0

The Impotence of the Patent Trial and Appeal Board

What is happening in TC 3600 is prosecution is being re-opened for the purpose of issuing Alice rejections. With the help of readers, so far I’ve found …
By Gene Quinn
9 days ago 77

E-Commerce Art Units: Where Patent Applications Go to Die

Upon closer review things are much, much worse than I previously reported. The problem is also far more widespread. Using LexisNexis Patent Advisor®, I looked at the …
By Gene Quinn
12 days ago 104

Evolution of Tech: Willis Carrier helps us beat the summer heat with the invention of air conditioning

In 1902, shortly after joining the Buffalo Forge Company, Willis Carrier had a momentary insight while standing on a train station in Pittsburgh, which would lead him to …
By Steve Brachmann
13 days ago 3

What the Patent Office Refuses to Understand

This new post-prosecution pilot program feels a lot like rearranging the chairs on the Titanic. Unless and until the Patent Office does something about recalcitrant patent examiners …
By Gene Quinn
14 days ago 81

Patent Office announces Post-Prosecution Pilot Program

The Patent Office hopes that by giving the applicant the opportunity to provide an oral presentation to the panel during a conference with the examiners, as well …
By Gene Quinn
15 days ago 1

Reinventing our Climate Future

On Wednesday, June 29th, the United States Patent and Trademark Office hosted a panel titled Innovation to Power the Nation (and the World): Reinventing our Climate Future. …
By Audrey Ogurchak
21 days ago 10

Hillary Clinton supports patent reform, announces technology and innovation initiative

Clinton's proposal for accomplishing this goal would be twofold: (1) to reduce excessive patent litigation through additional patent reform; and (2) strengthening the operational capacity of the USPTO by …
By Gene Quinn
28 days ago 16