Posts Tagged: board of patent appeals


How Much Deference Should the CAFC Give the USPTO?

A factual determination of the Board is to be upheld if there is substantial evidence to support it, In re Gartside, 203 F.3d 1305, 1315 (Fed. Cir. 2000), and a …
3 years ago 7

Petition for Rehearing en banc filed in Plasmart v. Kappos

This case intrigued me from the start because it seemed rather odd that there should be a nonprecedential opinion in an appeal to the Federal Circuit necessitated …
3 years ago 2

Practice Before the Patent Trial and Appeal Board

The one thing that will be markedly different from federal court practice, however, is that for the most part only registered Patent Attorneys or Patent Agents will …
3 years ago 3

75% – The Real Rate of Patent Applicant Success on Appeal

The biggest myth about patent appeals is that that the examiner usually wins. The Patent Trial and Appeal Board (“Board”) posts that it reverses examiners only one …
3 years ago 12

Meet the USPTO’s New Administrative Patent Judges

You may have heard, but the USPTO is hiring. Not only is the USPTO searching for Administrative Patent Judges, but they are finding some extremely well qualified …
3 years ago 2

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

Patents for Humanity Announced at White House Event

I had the honor of being invited to the White House today for the Innovation for Global Development Event, which was held in support of the President’…
4 years ago 13

Exclusive Interview: USPTO Deputy Director Teresa Rea

Deputy Director Teresa Rea has now been at the USPTO for approximately 1 year, but seems as invigorated and full of energy as she did when I first …
4 years ago 8

Examining the Appealed Patent Allowances from Art Unit 3689

The data clearly suggests that that inquiry should be made into what is going on in Art Unit 3689. If there is nothing odd after evaluation then I …
4 years ago 30

Chief Judge Rader Swears In New Administrative Patent Judges

After Judge Moore's remarks, James Donald Smith, Chief Administrative Patent Judge, then took the podium to deliver his remarks and to introduce all of the new APJs; …
4 years ago 3

Recent Patent Related Federal Register Notices

At this time of the year many attorneys and agents are not paying all that much attention to the rules and requests for comments coming out of …
4 years ago 1

U.S. Patent Office Finalizes New Appeal Rules

By eliminating certain briefing requirements the PTO hopes to reduce the number of non-compliant appeal briefs and the number of non-compliant examiner’s answers. Non-compliant briefs and …
4 years ago 4