Posts Tagged: patent examiner


Breaking through the culture of Examiner v. Applicant at the USPTO

Somehow a culture of Examiner v. Applicant has evolved. There doesn't seem to be much in examiner training to pit them against external stakeholders. No evidence there …
By Raina Haque
21 hours ago 8

Are the Pre-Appeal Conference and P3 Hopelessly Rigged? Practice Tips for the Savvy Practitioner

The unadvertised feature is that the Pre-Appeal Conference board is assembled by an administrative assistant in the technology center, but the P3 board is assembled by the …
By Russ Krajec
1 day ago 2

Message from the USPTO: It’s Patent Prosecution, not Persecution

Examiners are not supposed to think about the nebulous areas of 101, 102, or 103, nor are they to interpret case law from judicial opinions. Instead, the USPTO has already …
By Raina Haque
8 days ago 62

Prosecution reopened: Examiners stop applicants from appealing

Due to a bizarre jurisdictional “feature,” the Board does not actually get jurisdiction over a case until either a Reply Brief has been filed or the time …
By Gene Quinn
9 days ago 26

Administrative Purgatory: Waiting 14 months and counting for action after Board reverses examiner

Delay, frustrate, harass and ignore patent applicants. Issue frivolous rejections if necessary, but reject at all costs. If the Board issues a complete reversal just reopen prosecution. …
By Gene Quinn
10 days ago 16

Are patent examiners instructed to issue frivolous rejections?

So an applicant waits years on appeal to get relief from frivolous rejections, achieves a complete and total victory, and their reward is another bogus rejection from …
By Gene Quinn
11 days ago 43

E-Commerce Art Units: Where Patent Applications Go to Die

Upon closer review things are much, much worse than I previously reported. The problem is also far more widespread. Using LexisNexis Patent Advisor®, I looked at the …
By Gene Quinn
15 days ago 104

What the Patent Office Refuses to Understand

This new post-prosecution pilot program feels a lot like rearranging the chairs on the Titanic. Unless and until the Patent Office does something about recalcitrant patent examiners …
By Gene Quinn
17 days ago 81

Avoiding Alice Rejections with Predictive Analytics

The disparity between the art units is confused even more so when we consider the total number of Alice rejections in each art unit, rather than just …
By Sarah Garber
2 months ago 10

More Applicants Should Use the First Action Interview Program

The First Action interview (FAI) program affords applicants a no-fee opportunity to speak with examiners early during prosecution, before the examiner has invested the time to prepare …
By Kate Gaudry & Thomas Franklin
4 months ago 7

The Blame Game: Why hasn’t the Patent Office done anything about low quality patents?

The PTAB is instituting 80% of inter partes review (IPR) petitions, which can only be interpreted as clear evidence of the extraordinarily low quality of patent examination at …
By Gene Quinn
4 months ago 68

Ex Parte Appeal as a Potential Means to Quick Allowances

We set out to study the life cycle of appeals by conducting a stage-by-stage analysis to identify what fraction of applications were exiting the appeal cycle and …
By Kate Gaudry & Sameer Vadera
4 months ago 6

Using contrasting examples to rein in capricious application of Alice by the patent examining corps

Although categorizing abstract ideas could be helpful, the use of categories expands the risk of overbreadth, especially when the categories have little definition, include sub-categories, and lack …
By Louis Hoffman
5 months ago 7

The USPTO harms the economy with over-aggressive, haphazard Alice-based 101 rejections

It is poor patent policy to have broad areas of technology deemed patent-ineligible entirely, or ineligible without the high cost of attorney time to argue, and likely …
By Louis Hoffman
6 months ago 13

The patent system will survive, but not thrive over the short term

Bruce Kisliuk: ''Those with more resources have some advantages in any litigation. That’s one reason a patent right is important, it can level that playing field …
By Gene Quinn
8 months ago 1