Posts Tagged: patent examiner


MIT Prior Art Archive: An Overstated Solution to Patent Examination

According to statistics provided by the USPTO, since the beginning of fiscal year 2012, the Office has received a total of only 1,584 third-party submissions of prior art for …

Visualizing Outcome Inconsistency at the USPTO

In an ideal world, your chance of getting a patent allowed is based on the merits of your patent application and independent of the largely random assignment …
By Jeff O’Neill
15 days ago 15

Investing in Inventing: A Patent Process Primer for Startups

The patent process is long and complex, but well worth the effort if it means protecting your invention and your new company. Key decisions made along the …
By Trevor Day & Neil Ferraro
3 months ago 7

Federal Circuit Vacates, Remands After PTAB Fails to Consider Arguments in Reply Brief

On Friday, June 1st, the Court of Appeals for the Federal Circuit issued a decision in In re: Durance striking down a decision by the Patent Trial …
By Steve Brachmann
5 months ago 6

USPTO memo explains changed Alice Step 2B to examiners

Yesterday the USPTO issued subject matter eligibility guidance to its examining corps in a memorandum that changes how examiners approach their Alice Step 2B analysis. Specifically, the …
By John M. Rogitz
7 months ago 3

Ignorance of the Law is No Excuse for Cost of the USPTO’s High ex parte Appeal Reversal Rates

As the old saying goes: Ignorance of the law is no excuse. So there seems to be no good reason that the Examining corps’ inability to apply …
By Adam Stephenson
1 year ago 8

Judge Michel tells Congress it isn’t helpful to talk about quality, patents are either valid or invalid

“I think at the end of the day, patents are either valid or invalid as a legal instrument and therefore it’s not very helpful to talk …
By Steve Brachmann
1 year ago 6

Review of USPTO should start at the top, not with examiners

In an article published on April 23, 2017, Gene Quinn wrote about President Trump’s workforce reduction plan and his proposal for what it should mean for the United …
By Sue D. Nym
2 years ago 8

Patent Office workforce reduction should focus on eliminating ‘dead weight’ patent examiners

In pursuing President Trump's federal workforce reduction plan the USPTO must target those patent examiners who have long been refusing to do their jobs. Losing these patent …
By Gene Quinn
2 years ago 16

CAFC affirms reliance on expert declaration, remands inter partes reexam over O’Malley dissent

Reliance on expert declarations is not per se deficient because the declaration utilizes a legal turn-of-phrase, i.e. “It would have been obvious.” The declaration is sufficient, …

Patent Prosecution 101: Understanding Patent Examiner Rejections

Unlike certain rejections one faces in life, a rejection from a patent examiner is never the end of the story, and definitely not final – even when the …
By Gene Quinn
2 years ago 24

Examining Examiners: The Top and Bottom 10 of TC 2800

From all cases filed in the last 10 years, we filtered for all final dispositions in all of 2015 and 2016. Taking this data, we examine TC-2800 at three levels …
By Ed Flinchem
2 years ago 15

Michelle Lee’s views on patent quality out of touch with reality facing patent applicants

In the piece, Lee tries her best to assure readers that positive developments have been made at the USPTO in recent years, but at multiple points she …

An Examiner’s Tips For Speedier Patent Prosecution

Interactions between patent examiners and patent practitioners are often tense. At worst, these interactions can be an exercise in restraint with both parties thinly veiling their disdain …

House oversight subcommittee grills USPTO on patent examiner time and attendance abuse

“[Time and attendance abuse] may not be widespread, but the data established that claiming hours not worked is a problem at the [USPTO],” said David Smith, Acting …
By Steve Brachmann
2 years ago 10

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