Posts Tagged: patent office


USPTO experiences catastrophic failure of electronic patent and trademark systems

On December 22, 2015, at approximately 7:00 pm, the USPTO experienced a catastrophic failure of electronic information systems due to what is being called a major power outage at the …
By Gene Quinn 5 months ago 34

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 5 months ago 1

The Most Likely Art Units for Alice Rejections

While Alice rejections can be found all over the USPTO, roughly two-thirds of them are found in TC 3600. Only TC 2900 has not had any Alice rejections. Looking …
By James Cosgrove 5 months ago 10

Federal Circuit Reverses PTAB Claim Construction in IPR

The Patent Trial and Appeal Board (Board) cancelled the claims of the patent, finding them anticipated or obvious over several references. The Board construed “is connected” to …

Bias in Both Directions: Patent Reform Should Protect Both Accused Infringers and Inventors

What’s stunning about this list is that almost nobody talks about reforming patent law to correct these biases! In general, the only biases that are socially …
By Kip Werking 6 months ago 8

USPTO Systems Maintenance on December 5th

Due to maintenance required on USPTO systems, access to Public PAIR, Private PAIR, EFS-Web and EFS-Web Contingency will be unavailable beginning 12:01 a.m. and ending at 11:59 p.…
By U.S.P.T.O. 6 months ago 0

Understanding Court, PTAB Interplay Key in Today’s Patent Litigation Environment

The PTAB has seen more than triple the number of inter partes review (IPR) petitions—now the preferred way for a company accused of infringement in court …
By Tony Dutra 6 months ago 6

PTAB Hedge Fund Failures Diffuse Early Market Hysteria

The early “death squad” hysteria persisted just long enough to catch the interest of hedge funds. The hedge funds saw an opportunity to utilize the PTAB to …
By Scott A. McKeown 6 months ago 0

Death to All Patents? Really? Why Inter Partes Review Shouldn’t Be Controversial

I understand that patent owners are upset at having the playing field leveled somewhat. They must feel like the rules of the game have changed, and, to …
By Matt Levy 7 months ago 30

Patent quality is much ado about nothing without better patent examiner controls

The end goal of any patent application is to obtain a patent, which is true whether an applicant find themselves assigned to a patent examiner in an …
By Gene Quinn 7 months ago 31

Covenant Not to Challenge in a Patent License Does Not Bar a PTAB Review

Covenant Not to Challenge clauses are common in patent licenses, including licenses that are part of post-litigation settlements. clause is seen as a benefit bargained for under …

Kyle Bass IPR challenge moves foward, what does it mean for patent reform?

The first bit of good news for Bass came with respect to his IPR petition against Celgene Corporation. Celgene Corporation filed a motion for sanctions against the …
By Gene Quinn 8 months ago 5

PTO Report on Confirmatory Genetic Testing: A Worthwhile Effort But Not Far Enough

The USPTO has released its 'Report on Confirmatory Genetic Diagnostic Testing,' which was prepared to fulfill the requirements of §27 of the Leahy-Smith America Invents Act. The …

USPTO changes method for correcting foreign priority claims

Because the AIA does make foreign priority claims relevant, the USPTO will now require that any correction of the identification of the foreign application (by application number, …
By Gene Quinn 8 months ago 4

Thoughts on Ex parte Boyden

A couple months ago I commented on Ex parte Khvorova, expressing disappointment in its analysis and concern over what this might mean since it is “the first …
By Sue D. Nym 8 months ago 2