Posts Tagged: patent office


Prosecution reopened: Examiners stop applicants from appealing

Due to a bizarre jurisdictional “feature,” the Board does not actually get jurisdiction over a case until either a Reply Brief has been filed or the time …
By Gene Quinn
9 months ago 26

Administrative Purgatory: Waiting 14 months and counting for action after Board reverses examiner

Delay, frustrate, harass and ignore patent applicants. Issue frivolous rejections if necessary, but reject at all costs. If the Board issues a complete reversal just reopen prosecution. …
By Gene Quinn
9 months ago 17

Are patent examiners instructed to issue frivolous rejections?

So an applicant waits years on appeal to get relief from frivolous rejections, achieves a complete and total victory, and their reward is another bogus rejection from …
By Gene Quinn
9 months ago 44

The Impotence of the Patent Trial and Appeal Board

What is happening in TC 3600 is prosecution is being re-opened for the purpose of issuing Alice rejections. With the help of readers, so far I’ve found …
By Gene Quinn
9 months ago 79

E-Commerce Art Units: Where Patent Applications Go to Die

Upon closer review things are much, much worse than I previously reported. The problem is also far more widespread. Using LexisNexis Patent Advisor®, I looked at the …
By Gene Quinn
10 months ago 108

What the Patent Office Refuses to Understand

This new post-prosecution pilot program feels a lot like rearranging the chairs on the Titanic. Unless and until the Patent Office does something about recalcitrant patent examiners …
By Gene Quinn
10 months ago 81

Patent Office announces Post-Prosecution Pilot Program

The Patent Office hopes that by giving the applicant the opportunity to provide an oral presentation to the panel during a conference with the examiners, as well …
By Gene Quinn
10 months ago 1

Reinventing our Climate Future

On Wednesday, June 29th, the United States Patent and Trademark Office hosted a panel titled Innovation to Power the Nation (and the World): Reinventing our Climate Future. …
By Audrey Ogurchak
10 months ago 10

Cooper and MCM—Beyond the Constitutionality of Article I Final Adjudication, an Opportunity for the Court to Clarify Stern?

Cooper and MCM have submitted Petitions for Writ of Certiorari to the Supreme Court of the United States, asking it to consider the constitutionality of Article I …
By Michael I. Rothwell
10 months ago 3

Hillary Clinton supports patent reform, announces technology and innovation initiative

Clinton's proposal for accomplishing this goal would be twofold: (1) to reduce excessive patent litigation through additional patent reform; and (2) strengthening the operational capacity of the USPTO by …
By Gene Quinn
10 months ago 20

Cuozzo, Phony IPR Statistics and the Death of the American Inventor

The battle of Cuozzo, and patent reform in general, is not between the tech industry and the pharmaceutical industry. The battle was started by wealthy multinational tech …
By Paul Morinville
10 months ago 59

The importance of PTAB patent review proceedings for addressing low quality patents

The availability of PTAB patent review proceedings to address low quality patents is especially important in the financial services sector where, prior to Federal Circuit’s decision …
By Sean Reilly
10 months ago 7

Industry Reaction: Supreme Court upholds Federal Circuit in Cuozzo

“This is obviously a victory for some who challenge a patent’s validity in IPR proceedings since broadly construed claims are more vulnerable to attack than narrowly …
By Steve Brachmann & Gene Quinn
10 months ago 12

Supreme Court decides Cuozzo Speed Technologies: BRI proper, IPR institution not appealable

In a unanimous decision delivered by Justice Breyer in Cuozzo Speed Technologies, LLC v. Lee, the United States Supreme Court upheld the United States Patent Office’s …
By Audrey Ogurchak
10 months ago 11

What Will Happen When the USPTO Releases its APIs to the Wild?

Recently, United States Patent and Trademark Office (USPTO) Director Michelle Lee talked about releasing its APIs for patent data into the wild. What does this really mean? “…
By Derek Handova
10 months ago 2