Posts Tagged: patent office


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
5 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
5 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
5 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
5 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
6 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
6 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
6 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
6 months ago 20

An Exclusive Interview with USPTO Director Michelle Lee

There were no topics ruled out of bounds for this 30 minute interview, not even the Supreme Court's recent decision to accept cert. in Cuozzo, although as an …
By Gene Quinn
6 months ago 5

SCOTUS asked to consider constitutional challenge to post grant patent proceedings

The question presented in the petition for certiorari in Cooper v. Lee is whether 35 U.S.C. §318(b) violates Article III of the United States Constitution, to …
By Robert P. Greenspoon
6 months ago 14

Will Cruz act to protect property rights, Constitution at Supreme Court?

The Patent Act itself clearly and unambiguously states that patents are property. See 35 U.S.C. 261. Unfortunately, this property right of Constitutional significance has increasingly come under …
By Gene Quinn
6 months ago 29

Finjan wins big patent victory as USPTO denies institution on 6 Symantec IPR petitions

That Finjan would prevail in six separate IPR institution decisions relating to the same patent litigation seems an extraordinary long shot. While Finjan has not said it …
By Gene Quinn
6 months ago 15

Patent and IP Wishes from K Street for the New Year

If Gene (the “genie”) were to grant me patent and IP wishes for 2016, I would ask for (in no particular order) the passage of trade secrets legislation, …
By Marla Grossman
7 months ago 7

The USPTO Director can legally extend filing deadlines for emergencies

In retrospect, the proper thing for Director Lee to have done would have been to declare an emergency under the powers vested in her by 35 USC 21(a). …
By Gene Quinn
7 months ago 15

What Mattered in 2015: Insiders Reflect on Biggest Moments in IP

This year our panel of industry insiders is quite diverse, with commentary from Bob Stoll (Drinker Biddle), Ashley Keller (Gerchen Keller), Paul Morinville (US Inventor), Alden Abbot (…
By Gene Quinn
7 months ago 8