Posts Tagged: apa


The only solution for the transgressions of the PTAB is to disband this runaway tribunal

Hiring senior associates to be Administrative Patent Judges was a mistake, hiring so many senior associates from the same firm was an even bigger mistake. Making it …
By Gene Quinn
15 days ago 51

USPTO admits to stacking PTAB panels to achieve desired outcomes

The USPTO admits that the Director does not have statutory authority to adjudicate an issue after a panel has been chosen, but argues that the Director can …
By Gene Quinn
1 month ago 60

PTAB Reversed for Failing to Explain the Basis for its Obviousness Decision

The Federal Circuit vacated and remanded the PTAB's decision in an inter partes review proceeding, finding the Board did not set forth its reasoning for finding the …

Board Cannot Adopt New Claim Construction Without Giving Notice to the Parties

The Federal Circuit held that the Board’s changed claim construction of “data flow,” violated the Administrative Procedure Act (APA), even if it was correct. In particular, …

Opportunity to Reform Existing PTO Regulations and to Ease Patent Application Paperwork Burden

The Patent Office recently requested comment on the paperwork that applicants submit during post-filing, pre-allowance patent prosecution (Patent Processing (Updating), comment request., 77 Fed. Reg. 16813-17 (Mar. 22, 2012)). This …
By David Boundy
5 years ago 5

Having it Both Ways: the USPTO’s Inconsistent Positions in In re Lovin and Kappos v. Hyatt

Since 1993, the United States Patent & Trademark Office (USPTO) has pursued an “aggressive campaign” to free itself from oversight by and accountability to the courts. [1] At the same …
By Sue D. Nym
6 years ago 17

CAFC Grants En Banc Review of BPAI to District Court Appeal

On February 17, 2010, the United States Court of Appeals for the Federal Circuit issued an order in Hyatt v. Kappos vacating the previous decision issued by a 3 judge …
By Gene Quinn
8 years ago 0