Posts Tagged: patent office


With dubious logic and inaccurate statements of law, PTAB denies another Kyle Bass IPR petition

The PTAB said that the full pilot study had not been made of record, which apparently also meant to the Board that the available description of the …
By Gene Quinn
1 year ago 1

USPTO Decision to Disclose Unpublished Patent Application is Judicially Reviewable

The Federal Circuit held that the structure and language of §122(a) indicate that Congress intended the exceptions to confidentiality to be narrow and reviewable. §122(a) contains two …

PTAB refuses Volkswagen IPR petition against Marathon patent

In siding with the patent owner the PTAB explained that the petitioner insufficiently made a case that the claimed invention was obvious. A proper obviousness argument must …
By Gene Quinn
1 year ago 2

USPTO proposes pilot where a single APJ would make IPR institution decisions

Presently the USPTO has a panel of three APJs decide whether to institute a trial, and then normally has the same three-APJ panel conduct the trial, if …
By Gene Quinn
1 year ago 5

USPTO denies Kyle Bass IPR patent challenge against Acorda Therapeutics

The USPTO declined to initiate an inter partes review of two patents owned by Acorda Therapeutics, Inc. Acorda patents were challenged by the Coalition for Affordable Drugs, …
By Gene Quinn
1 year ago 5

Statement by USPTO on Alleged Patent Examiner Time and Attendance Abuse

In a statement released late afternoon on Thursday, USPTO Chief Communications Office Todd Elmer explained that the USPTO "takes very seriously even one incidence of time and …
By U.S.P.T.O.
1 year ago 3

USPTO pays patent examiner for 730 hours fraudulently not worked

According to the IG report, “Examiner A committed at least 730 hours of time and attendance abuse, resulting in the payment of approximately $25,500 for hours not worked in …
By Gene Quinn
1 year ago 14

Overview of USPTO proposed rule changes to practice before the Patent Trial and Appeal Board

USPTO proposed rule changes would amend the existing rules relating to trial practice for inter partes review (IPR), post-grant review (PGR), the transitional program for covered business …
By Gene Quinn
1 year ago 6

Are Business Method Patents Dead? It Depends on Who’s Applying for Them

Business method patents are still being granted after Alice, but are being granted at lower rates than before, and some assignees are better at obtaining them than …
By James Cosgrove
1 year ago 5

Deputy Commissioner Drew Hirshfeld Appointed as New Commissioner for Patents

Hirshfeld succeeds Margaret “Peggy” Focarino, who served at the USPTO for 38 years and retired in early July 2015. While there were many highly qualified applicants for the Office …
By Gene Quinn
1 year ago 0

Will the Obama Administration continue to seek amendments to the Innovation Act?

As patent reform keeps chugging along in Washington, an important briefing was held on Thursday, July 23rd, between members and staff of the U.S. House of …
By Steve Brachmann
1 year ago 14

Thoughts on Ex parte Khvorova

Ex parte Khvorova is the first PTAB decision on patent eligibility in the life sciences. Until now, the PTAB has been remarkably silent on eligibility in life …
By Sue D. Nym
1 year ago 9

10 Years Later – A Look at the Efficacy of the Pre-Appeal Brief Conference Program

For 61% of the non-defective requests, the panel decided that there was an actual issue for appeal, such that the applicant would either need to file an Appeal …

The Problematical IPR Proceedings of the AIA: BRI, Reviewability, Constitutionality

In three related decisions (most recently including a denial of rehearing en banc by a badly divided 6-5 decision issued concurrently with reissuance of the earlier panel …
By Eric Guttag
1 year ago 17

Paternal Justice: A Bill Cosby Approach to Patents by the PTO

Bill Cosby quipped 'I brought you in this world, and I can take you out.' The Patent Office makes similar arguments in court defending inter partes …