Posts Tagged: patent office


How the AIA requires the USPTO to be a patent system arms dealer

Not only does the Patent Office handsomely charge for the acquisition and maintenance of a patent, they also handsomely charges for the right to challenge those patents …
By Gene Quinn
5 months ago 35

The Blame Game: Why hasn’t the Patent Office done anything about low quality patents?

The PTAB is instituting 80% of inter partes review (IPR) petitions, which can only be interpreted as clear evidence of the extraordinarily low quality of patent examination at …
By Gene Quinn
5 months ago 68

Merrick Garland’s deference to federal agencies should be concerning to patent owners

Given the fact that the IPR processes at PTAB have been worrisome for many patent owners, the possibility that Merrick Garland would continue his longstanding deference towards …
By Gene Quinn & Steve Brachmann
5 months ago 2

Reducing amorphous Alice-based abstract idea rejections with a better approach to examples

As we await the next Update from the Patent Office on subject matter eligibility, it may be worthwhile to consider further the role of examples given in …
By Louis Hoffman
5 months ago 7

Mandamus sought from Federal Circuit on CBM institution of a non-business method patent

Seeking to push this issue to a head sooner rather than later, Technology Trading International, the owner of the '304 patent, has recently filed a Petition for …
By Gene Quinn
6 months ago 3

What are Legitimate Patent Rights and Who are Legitimate Patent Owners?

Use of this phrase strikes me as indefensible because by its very nature it implies picking winners and losers after the Patent Office has already issued a …
By Gene Quinn
6 months ago 25

Bass, Spangenberg IPR of Juxtapid gets instituted by PTAB

Kyle Bass and Erich Spangenberg (Coalition for Affordable Drugs) won two more victories at the Patent Trial and Appeal Board (PTAB). This time Bass and Spangenberg obtained …
By Gene Quinn
6 months ago 3

What is Michelle Lee Hiding?

Michelle Lee talks about transparency, but the PTO is hiding behind redacted pages and claims of privilege to deny a legitimate FOIA request from Kyle Bass. “I …
By Erich Spangenberg
6 months ago 39

Nike v. Adidas: Federal Circuit refines PTAB motion to amend practice in inter partes review

The USPTO argued that at the heart of the requirement that substitute claims be patentable over prior art not of record but known to the patentee is …
By Gene Quinn
6 months ago 2

Using contrasting examples to rein in capricious application of Alice by the patent examining corps

Although categorizing abstract ideas could be helpful, the use of categories expands the risk of overbreadth, especially when the categories have little definition, include sub-categories, and lack …
By Louis Hoffman
6 months ago 7

Y Patent on Presidents Day? Jefferson’s Revenge

Under President Jackson America rebooted the patent system and started numbering patents from 01. The prior patents under the Jeffersonian registration system were re-designated with the letter X. …
By Peter Harter & Gene Quinn
7 months ago 34

Patent Claim Interpretation: The Broadest Reasonable Interpretation Standard

The broadest reasonable interpretation standard is frequently referred to simply as BRI within the industry. The Patent Office applies the broadest reasonable interpretation in virtually all circumstances. …
By Gene Quinn
7 months ago 12

One-fifth of all IPR petitions denied institution according to 2015 PTAB report

One major takeaway from this PTAB trends report is that, despite claims of high rates of patent invalidation, the reality is that many patents escape the PTAB …
By Steve Brachmann
7 months ago 2

The USPTO harms the economy with over-aggressive, haphazard Alice-based 101 rejections

It is poor patent policy to have broad areas of technology deemed patent-ineligible entirely, or ineligible without the high cost of attorney time to argue, and likely …
By Louis Hoffman
7 months ago 13

Is the IPR tide about to turn at the Patent Trial and Appeal Board?

Recently the United States Supreme Court added an important IPR case to its docket. Normally the Supreme Court does not take a Federal Circuit appeal to compliment …
By Gene Quinn
7 months ago 20