Posts Tagged: patent office


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
3 months ago 8

PTAB chief judge Ruschke discusses ex parte appeals, PGR reform and more with PPAC

Ruschke's claim that only PTAB judges familiar with the technology involved are assigned in ex parte appeals seems false based on what we know has happened in …
By Steve Brachmann & Gene Quinn
4 months ago 17

More conflicts of interest surface with second PTAB judge

The blindfold appearing in the common depiction of Lady Justice is there for a reason. According to Wikipedia, Lady Justice has been depicted with a blindfold since …
By Gene Quinn & Steve Brachmann
4 months ago 20

USPTO diverting fees internally to subsidize PTAB trials

In prepared remarks Director Lee said the Office must significantly raise Patent Trial and Appeal Board (PTAB) fees in order for the PTAB to be self-sustaining on …
By Gene Quinn
4 months ago 50

Is the ethical bar for practitioners higher than it is for PTAB judges?

Had APJ Clements not been a member of the PTAB and one of the patent owners – let’s say Smartflash for example – had come to him and …
By Gene Quinn
4 months ago 21

If PTAB judges can decide cases involving former defense clients USPTO conflict rules must change

If an APJ making decisions in a case within 18 months of having represented a former client complies with whatever USPTO conflict rules or guidelines apply to PTAB …
By Gene Quinn
4 months ago 11

Fundamental incongruities of PTAB operations affect the integrity of the patent system

For more than two centuries, the U.S. Constitution, black letter law and precedent construed a patent as a property right. This is important because it is …

Are conflicts of interest at the PTAB leading to preferential decisions for Apple?

The lead APJ serving on the panel of multiple CBM reviews petitioned by Apple, who also wrote the final written decision on at least one CBM review …
By Steve Brachmann
4 months ago 42

Status of USPTO Regulatory Reform Task Force Uncertain

What I do know is that the Department of Commerce has created a Regulatory Reform Task Force and that the USPTO will participate on that Commerce Department …
By Gene Quinn
4 months ago 14

The Top 3 Reasons the U.S. Patent System in Decline

Concerns over software and biotechnological innovations being patent eligible, the omnipresent threat of patent reform that could make it even more difficult to enforce the patent property …
By Gene Quinn
4 months ago 19

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
4 months ago 16

Studying IPRs Not Enough, PTAB must be Repaired, Replaced or Repealed by Congress

Inter Partes Review (IPR) is viewed by many as late-stage destruction of fully developed early-stage investor ROI in patented property. The Lee study will presumably weigh the …
By Chris Gallagher
4 months ago 23

How to improve IPRs without tossing the baby out with the bath water

It is clear that the current regulations are almost exclusively focused § 316(b)’s “the ability of the Office to timely complete proceedings” and not the other language …
By Russell Slifer
4 months ago 61

Michelle Lee launches PTAB initiative to ‘shape and improve’ IPR proceedings

The timing of the announcement is curious given that Michelle Lee’s days seem numbered as Director of the Office. As first reported on IPWatchdog.com, Commerce …
By Gene Quinn
4 months ago 13

Putting Words in the Mouth of McRO: The PTO Memorandum of November 2, 2016

The USPTO Memorandum of November 2, 2016 as to Recent Subject Matter Eligibility Decisions (“USPTO Memo”) inappropriately attributes the phrase “computer-related technology” to McRO, Inc. dba Planet Blue v. …
By Brian Pangrle
4 months ago 4