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Posts Tagged: bpai


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 out of every three decisions —33%. That number is accurate, and reflects the …

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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 candidates to add to the ranks of those already serving. With the …

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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 met up with her.  She seems to love the job and relish …

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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 will be the first to report that and say that after further …

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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; an impressive bunch that averages 3 advanced degrees in either science or law, …

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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 non-compliant examiner's answers needlessly delay consideration of an appeal by the Board, …

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U.S. Commerce Secretary Gary Locke has appointed James Donald Smith of Chicago, Ill. to serve as the next Chief Administrative Patent Judge of the Board of Patent Appeals and Interferences (BPAI) at the U.S. Patent and Trademark …

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Earlier this week Google received U.S. Patent No. 7,912,915, titled "Systems and methods for enticing users to access a web site." The patent covers what is known as a "Google Doodle." The patent application was originally filed back in 2001, …

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The date of invention relates to your conception. This is true whether you are engaging in an interference proceeding seeking to obtain a claim instead of another who is also seeking the claim, or you are attempting to demonstrate …

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The Board’s analysis might interest patent prosecutors who routinely face rejections based on “applicant’s admissions,” not to mention the applicants who feel obliged to submit hundreds of litigation documents to comply with the duty of disclosure. Similarly …

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The United States Patent and Trademark Office today issued a Notice of Proposed Rulemaking that proposes changes to the rules governing ex parte patent appeals before the Board of Patent Appeals and Interferences. The notice requests public comment on …

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In a peculiar oddity those who choose to challenge the final determinations on patentability of the Board of Patent Appeals and Interferences (BPAI) can elect to either proceed directly to the United States Court of Appeals for the Federal …

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