Posts in USPTO


The Increasingly Important Roles of Bloggers in Post Grant Proceedings

Both petitioners’ and patent owners’ reliance on blog articles in the course of post grant proceedings has been approximately equal. However, the manner in which the blog …
By Timothy J. Maier
3 days ago 1

The Inspector General’s Report Alleging PTO Examiner Time and Attendance Abuse Has No Merit

On August 31, 2016, the Office of the Inspector General (OIG) of the U.S. Department of Commerce (DOC) released a report titled Investigative Report on Analysis of Patent …

Hearing on Examiner Fraud a Big, Fat Nothing Burger

Prepared statements released in advance of the hearing talked tough, but that was pretty much it. Insofar as getting to the root of the problems identified in …
By Gene Quinn
8 days ago 23

Patent Reform: An Analyst’s Perspective of the AIA

Perhaps the most challenging to accept is the notion that a tribunal created with a specific purpose of invalidation can be impartial to both the petitioners and …
By Elena Murphy
9 days ago 2

Oakland Raiders file three trademark applications suggesting potential Las Vegas relocation

On August 20th, the Oakland Raiders filed three trademark applications with the USPTO for standard character marks on “Las Vegas Raiders,” suggesting the team is very serious …
By Steve Brachmann
9 days ago 0

More than 45 law firms collaborate to launch PTAB Bar Association

The Patent Trial and Appeal Board (PTAB), a tribunal of the United States Patent and Trademark Office (USPTO), has become an increasingly popular and efficient venue for …
By Press Releases
10 days ago 1

Use of PTAB Decisions in District Court Litigation

As the above cases illustrate, PTAB decisions have affected district court cases in different ways. Determining whether the use of a PTAB decision is likely to be …
By Naveen Modi
10 days ago 4

Happy Birthday AIA: Celebrating an Unmitigated Disaster and the Destruction of American Innovation

All of the post grant challenges ushered in by the America Invents Act (AIA) were a bad idea. They never should have been created in the first …
By Gene Quinn
12 days ago 18

The America Invents Act on Its Fifth Anniversary: A Promise Thus Far Only Partially Fulfilled

Unfortunately, Mr. President, after five years I cannot report back that the AIA has yet ”improve[d] patent quality and help[ed] give entrepreneurs the protection and …
By Phil Johnson
13 days ago 3

House Judiciary subcommittee questions Lee on preventing time and attendance abuse at USPTO

“My team and I do not tolerate time and attendance abuse,” Lee told the subcommittee. While she did note that the USPTO had taken disciplinary actions against …
By Steve Brachmann
14 days ago 15

How the Patent Trial and Appeal Board Harms Inventors

PTAB procedures have rendered worthless around 90% of the patents they see by either invalidating the patent altogether or invalidating the most critical claims. The infringer lobby and …
By Paul Morinville
15 days ago 26

Square fights off Alice rejection on payment transfer patent proving financial patents are not dead

U.S. Patent No. 9378491, entitled Payment Transfer by Sending E-mail. This discloses a computer-implemented method which enables the seamless initiation of a payment transfer through e-mail from …
By Steve Brachmann
15 days ago 1

Constitutional and Economic Policy Problems Raised by Inter Partes Review (IPR) Suggest Congress Should Consider Acting

If Congress, nevertheless, is unmoved by the constitutional arguments for reforming the IPR process, it should weigh the strong economic policy arguments supporting IPR reform, which are …
By Alden Abbott
16 days ago 10

PTAB invalidates three patents covering Teva’s Copaxone, opens door for Mylan’s generic version

On Wednesday, August 24th, the Patent Appeal and Trial Board (PTAB) issued decisions in two inter partes review (IPR) filings made against patents owned by private Israeli …
By Steve Brachmann
19 days ago 0

PTAB Administrative Trials: Where Are We Now?

While the PTAB statistics demonstrate the profound effect that the AIA trials have had on issued patents, it seems to have the greatest impact on non-manufacturing patent …