Posts Tagged: patent office

USPTO Update from John Cabeca, Silicon Valley Director

One area the Office is reviewing is in the area of Examiner Time Analysis. The Office hasn’t changed the classification of applications (i.e., complex versus …
By Gene Quinn
6 months ago 5

The Increasingly Powerful PTAB: Underutilized Precedential Designations Undermines Efficiency and Consistency

The PTO has increased the number of Board decisions as being precedential (so as to serve as a binding authority) by 36% within the last two years. With …
By Kate Gaudry & Thomas Franklin
6 months ago 23

How the New USPTO Director Can Impact Patent Subject Matter Eligibility and Post-Patent Grant Challenge Proceedings

As the challenge proceedings and the Patent Trial and Appeal Board mark their fifth anniversary, we should reflect on whether they have achieved their intended purpose. About …
By Manny Schecter
6 months ago 4

Patent owners negatively impacted by PTAB file amicus brief with SCOTUS in support of Oil States

A few dozen amici briefs have been filed in the case, including one filed on August 30th by 39 patent owners affected by PTAB activities in support of …
By Steve Brachmann
6 months ago 3

Mylan calls Allergan’s patent deal with Indian tribe a “sham” transaction in PTAB hearing on sovereign immunity defense

The tribe is raising a sovereign immunity defense in the case as the tribe is a sovereign entity which is not amenable to a suit unless it …
By Steve Brachmann
6 months ago 13

The only solution for the transgressions of the PTAB is to disband this runaway tribunal

Hiring senior associates to be Administrative Patent Judges was a mistake, hiring so many senior associates from the same firm was an even bigger mistake. Making it …
By Gene Quinn
6 months ago 51

PTAB fails to decide IPR within 1-year statutory deadline

According to 35 U.S.C. § 316(a)(11), the PTAB is required to issue a final determination in an inter partes review not later than 1-year after the date …
By Gene Quinn
6 months ago 13

USPTO issues statement on Hurricane Irma

From USPTO: "We will publish a notice designating the interruption in service of the United States Postal Service (USPS) in the areas affected by Hurricane Irma, as …
By Gene Quinn
6 months ago 0

USPTO files brief at CAFC supporting patent-infringing respondent Telebrands

Tinnus argues in its appeal that the PTAB panel applied standards for inter partes review (IPR) proceedings to a trial that was instituted as a PGR. “In …
By Steve Brachmann
6 months ago 5

USPTO, PTAB refuse to follow Supreme Court Nautilus decision

The PTAB is openly refusing to follow the Supreme Court’s decision in Nautilus, Inc. v. Biosig Instruments, Inc., it has found a term previously determined definite …
By Gene Quinn
6 months ago 80

Board cannot shift burden of proving patentability to applicant, must articulate reasoning

The Federal Circuit vacated and remanded the Board’s decision, finding that it “failed to adequately articulate its reasoning, erroneously rejected relevant evidence of nonobviousness, and improperly …

USPTO declaring postal emergency due to Hurricane Harvey

The USPTO is in the process of publishing a notice designating the interruption in service of the United States Postal Service (USPS) in the areas affected by …
By Gene Quinn
7 months ago 0

PTAB Abused Discretion by Failing to Consider Material Evidence

Under Patent Office regulations, a party seeking to submit supplemental information more than one month after the date an IPR is instituted must request authorization to file …

Trump nominates Andrei Iancu to be USPTO Director

On Friday, August 25, 2017, the Trump Administration announced several nominations, one of which was the nomination of Andrei Iancu to be the next Under Secretary of Commerce for …
By Gene Quinn
7 months ago 14

USPTO admits to stacking PTAB panels to achieve desired outcomes

The USPTO admits that the Director does not have statutory authority to adjudicate an issue after a panel has been chosen, but argues that the Director can …
By Gene Quinn
7 months ago 60