Posts Archive


Iancu: Major PTAB Initiatives Rolled Out, Time to Assess Changes and Stakeholder Reaction

Director Iancu did not make much, if any, news speaking at PPAC today. He did, however, indicate that at least for now his major initiatives to reform …
By Gene Quinn
8 days ago 3

ITC’s Chance to Restore Reason and the Public Interest in the Qualcomm v. Apple Case

An administrative law judge at the U.S. International Trade Commission recently found patent infringement in Qualcomm’s case against Apple, but then inexplicably refused to recommend …
By James Edwards
8 days ago 4

Serial and Duplicative Petitions at PTAB by Apple, Other Tech Giants Flout Congressional Intent

The Alliance of U.S. Startups and Inventors for Jobs (USIJ) recently released a report detailing the organization’s research into serial attacks on high quality patents …
By Steve Brachmann
8 days ago 5

Do You Know Why You’re Doing What You’re Doing for Your Clients?

In patenting, one size does not fit all. There are many clients and there should be as many strategies, and those many strategies should change as the …
By John White
9 days ago 6

5 Mistakes Businesses Make with Trademarks and Brands

Although running an early-stage startup is exhilarating, do not let your brand name protection be swallowed up by all the excitement. Neglecting to properly secure a trademark …
By Roderick O'Dorisio
9 days ago 0

Laura Peter Appointed Deputy Director of the USPTO

Secretary of Commerce Wilbur Ross today announced the appointment of Laura Peter as deputy under secretary of commerce for intellectual property and deputy director of the United …
By U.S.P.T.O.
10 days ago 2

The Hunt for the Inventive Concept is the Flash of Creative Genius Test by Another Name

Today the flash of creative genius test has reared its ugly head once more, this time as a consideration under a patent eligibility inquiry and 35 U.S.…
By Gene Quinn
10 days ago 18

Price Controls and Compulsory Licensing Reduce Patient’s Healthcare Options

Once we go down a path of government price controls and compulsory licensing we will have foregone opportunities for other, more rational policy choices and will soon …
By Hans Sauer
10 days ago 6

MIT Prior Art Archive: An Overstated Solution to Patent Examination

According to statistics provided by the USPTO, since the beginning of fiscal year 2012, the Office has received a total of only 1,584 third-party submissions of prior art for …

Is the Federal Circuit Closer to Requiring a Real Claim Construction for Patent Eligibility?

To date the United States Court of Appeals for the Federal Circuit has not explicitly required district courts to conduct a formal claim construction prior to determining …
By Gene Quinn
11 days ago 2

Luxury Goods Brand Alfred Dunhill Wins Major Trademark Ruling in China

In early October, the British luxury goods brand Alfred Dunhill announced that it had secured a major victory in a long-running trademark battle in Chinese courts against …
By Steve Brachmann
11 days ago 0

Unintelligible and Irreconcilable: Patent Eligibility in America

The Alice/Mayo framework does not mandate a conclusion, it tolerates – even enables – whatever conclusion the decision maker prefers. This is allowed because of a universe of …
By Gene Quinn
12 days ago 20

USPTO Announces Access to Relevant Prior Art Initiative to Import Prior Art Citations into Patent Applications

The USPTO recently announced the implementation of the first phase of the Access to Relevant Prior Art (RPA) Initiative. The initiative is being designed to reduce the …
By Steve Brachmann
12 days ago 1

Sensitive personal data in HR functions: climbing the ladder of legal bases

The GDPR's entry into force has forced HR teams across the US and EU to re-evaluate the ways in which they justify the use of personal data …
By Sam Rayner
12 days ago 0

USPTO to Propose Rule Requiring Foreign Trademark Applicants to Use U.S. Licensed Attorneys to File Documents

The U.S. Patent and Trademark Office is working on developing a rule that would require foreign trademark applicants and registrants to be represented by a U.…
By Steve Brachmann
13 days ago 1

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