Posts Tagged: patent office


PTAB institutes Mylan IPR challenges on Allergan patents for RESTASIS

Last week the Patent Trial and Appeal Board (PTAB) of the United States Patent and Trademark Office (USPTO) instituted six separate inter partes reviews (IPRs) against patents …
By Gene Quinn
2 months ago 1

Argument in Aqua Products Hints that Federal Circuit May Change PTAB Amendment Practice

Overall, a significant number of the eleven judges present for argument hinted through their questioning that they thought the PTO’s rulemaking was problematic.... The PTO’s …
By Paul Margulies
2 months ago 0

A Patent Year in Review: Looking back on 2016, Forecasting for 2017

It is that time once again when we look back on the previous year in preparation to close the final chapter on 2016 and to look ahead toward 2017. …
By Gene Quinn
3 months ago 1

Videos as a Printed Publication in Inter Partes Review

In a handful of IPRs, the Petitioner has relied on a video, and asserted that the video constitutes a printed publication... One factor raised in these cases …
By Michael K. O’Neill
3 months ago 1

Regime Change – USPTO

The PTO then drifted towards being a very user unfriendly operation that has become a center of suspicion and cynicism. I do not think Director Lee necessarily …
By John White
3 months ago 20

Federal Circuit Vacates PTAB Decision Applying Incorrect Definition for CBM Patents

Claimed methods incidental or complimentary to financial services are not necessarily reviewable as CBM patents. The claims as they were written must be directed to methods and …

A STEPP In the Right Direction: A review of the PTO Stakeholder Training on Examination and Practice and Procedure (STEPP)

Hands on exercises were part of the program. In reading and understanding a patent application, materials were provided how examiners learn to break down an application in …
By William E Nowakowski
3 months ago 1

Federal Circuit slams PTAB for wrong definition of CBM patent in Unwired Planet v. Google

The PTAB used the wrong standard to institute the CBM proceeding in the first place, which lead the Federal Circuit to vacate the PTAB decision and remand …
By Gene Quinn
3 months ago 17

Director Lee’s remarks at IAM paint a PTAB patent owners simply do not recognize

The way Lee talks about the PTAB makes me wonder whether she is referring to the same entity that I commonly refer to as the PTAB. Indeed, …
By Gene Quinn
3 months ago 37

USPTO issues new memorandum on software eligibility in light of McRo, BASCOM

Earlier today the United States Patent and Trademark Office issued a new memorandum to patent examiners on recent software patent eligibility decisions from the Federal Circuit. The …
By Gene Quinn
4 months ago 11

Has the PTAB compromised the integrity of the patent system?

The truth is simple. Certain patent owners are being harassed; their patents – sometimes the same patents – are challenged repeatedly. Yet, Director Lee has not exercised her authority …
By Gene Quinn
4 months ago 14

Section 103 Rejections: How Common Are They and How Should You Respond?

There are several major statutory rejections that an applicant can receive during the course of patent prosecution at the USPTO, each one corresponding to the relevant section …

USPTO Seeking Comments on Proposed Patent Fee Adjustments

The U.S. Department of Commerce’s United States Patent and Trademark Office (USPTO) today issued a notice of proposed rulemaking (NPRM) proposing to set or adjust …
By U.S.P.T.O.
5 months ago 1

USPTO Announces Patents for Humanity Winners

USPTO is giving four awards and two honorable mentions in the 2016 Patents for Humanity awards. Award recipients receive public recognition at an award ceremony arranged by the …
By U.S.P.T.O.
5 months ago 0

Court Lacks Jurisdiction to Review if Assignor Estoppel Precludes PTAB from Instituting IPR

The Federal Circuit dismissed Husky’s appeal, finding that it lacked jurisdiction to review the Board’s determination of whether assignor estoppel barred institution of an inter …