Posts Tagged: appeals


10 Years Later – A Look at the Efficacy of the Pre-Appeal Brief Conference Program

For 61% of the non-defective requests, the panel decided that there was an actual issue for appeal, such that the applicant would either need to file an Appeal …
1 month ago 17

Is that Next RCE Really Going to Work?

Knowing when to give up on a patent application is one of the most critical questions facing for any patent applicant… When faced with the decision regarding …
1 year ago 5

An Overview of the U.S. Patent Process

The first time you will substantively hear from the examiner is when the examiner issues what is referred to as a First Office Action on the Merits (…
1 year ago 2

New Patent Fees: USPTO Exercises Fee Setting Authority

The final rules on patent fees will publish in the Federal Register on Friday, January 18, 2013. Fees are going up for most, but not as much as feared. …
3 years ago 5

Patent Bar Blues: New Rules, Old MPEP Make for Difficult Study

The unfortunate thing is that all of these individuals were getting this question incorrect and anyone who relied on this information moving forward would get the question …
3 years ago 0

PTAB Chief Smith and Vice-Chief Moore, Part III

Vice-Chief Judge Moore: "The statute requires that each of the judges have scientific ability.  It doesn’t actually require particularized training in any one individual specific area.  …
3 years ago 3

Mechanics of a Supreme Court Decision to Grant Certiorari

There are two stages of litigation in the Supreme Court.  There’s what’s called the petition stage and the merit stage.  This is a phenomenon that …
3 years ago 1

Why is the Supreme Court Interested in Patent Cases?

The other thing I think that’s at play here, and maybe it’s the principal reason is a point that I made earlier which is our …
3 years ago 1

Seth Waxman Discusses Advocacy in the Supreme Court

Waxman on the advantage of not being a “Patent Specialist”: Perhaps paradoxically, it seems to me, the advantage in litigation with respect to esoteric areas of the …
3 years ago 4

Exclusive with Seth Waxman, Supreme Court Patent Superstar

All of these accomplishments would be more than enough to fill out a lifetime spent in the law, but upon leaving the Department of Justice, Waxman has …
3 years ago 7

Exclusive Interview: Talking SCOTUS Decision in i4i v. Microsoft

This month I have been running a series of articles on the United States Supreme Court. Today we switch things up a little and talk patents, focusing …
3 years ago 1

AIA Proposed Rules: Fees at the Patent Trial and Appeal Board

These proposed fees will undoubtedly be commented on, and the early criticism, which seems quite valid, asks how the addition of a single additional claim to be …
4 years ago 10