Posts Tagged: rulemaking


Patent Office Issues New AIA Rules

The U.S. Patent and Trademark Office recently issued an updated set of rules affecting trial practice before the Patent Trial and Appeal Board. In large part, …
By Christopher King 5 days ago 2

Patent Office amends PTAB Trial Practice Rules

Last week, on Friday, April 1, 2016, the United States Patent and Trademark Office published a final rules in the Federal Register. These newly minted final rules, which become …
By Gene Quinn 2 months ago 8

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 10 months ago 6

PTO Seeks Comment on AIA Post Grant Administrative Trials

The administrative trial proceedings created by the AIA are: (1) Inter partes review; (2) post-grant review; (3) covered business method patents review; and (4) derivation proceedings. To bring these new proceedings …
By Gene Quinn 2 years ago 0

PTO Proposes Rule Changes to Enable Electronic File Sharing

To facilitate electronic file sharing between IP offices, such as the sharing relating to the priority document exchange (PDX) program and the program by which U.S. …
By Gene Quinn 2 years ago 0

Deadline Approaches for Public Comments on Patent Term Adjustment

Novartis filed law suits that challenged the determinations by the USPTO of how much time to add to the patent term under 35 U.S.C. § 154(b) with …
By Gene Quinn 2 years ago 0

Attributable Ownership Public Hearings on March 13 and 26, 2014: Testimony and Written Comments Invited

The USPTO announces two public hearings in March 2014 to receive feedback about proposed rules concerning the ownership of patents and applications (aka “attributable ownership proposed rules”). The …
By U.S.P.T.O. 2 years ago 4

USPTO Proposes New Rules to Implement Patent Law Treaty

The notable changes in the PLTIA to implement the PLT can be generally broken down into four major categories, although there are all kinds of nuance as …
By Gene Quinn 3 years ago 1

First-to-File Guidelines: Did Congress Mean What they Said?

Almost two weeks ago the United States Patent and Trademark Office issued two Federal Register Notices in anticipation of the U.S. converting from first-to-invent to a …
By Gene Quinn 3 years ago 36

USPTO Publishes Final Rules and Guidelines Governing First-Inventor-to-File

The U.S. Department of Commerce’s United States Patent and Trademark Office (USPTO) today published final rules of practice implementing the first-inventor-to-file provision of the Leahy-Smith …
By U.S.P.T.O. 3 years ago 0

Supporting Proposed Rules on Disclosure of Real-Party-in-Interest

In the last five years, the patent market has undergone a change of seismic proportions. Patent rights are now regularly stripped from any underlying product and traded …
By Robin Feldman 3 years ago 2

USPTO Proposes Updated Professional Conduct Rules

This proposed rule package adopts most ABA provisions wholesale or with minor revisions and codifies many professional responsibility obligations that already apply to the practice of law. …
By U.S.P.T.O. 4 years ago 1

Supplemental Examination at the USPTO

At the conclusion of the supplemental examination if the certificate issued indicates that a substantial new question of patentability is raised an ex parte reexamination will be …
By Gene Quinn 4 years ago 9

First Inventor to File: USPTO Derivation Proceedings Go Final

Section 42.405(c) provides that a derivation is not sufficiently shown unless it is supported by substantial evidence. This includes at least one affidavit addressing communication and lack …
By Gene Quinn 4 years ago 11

Tafas v. Dudas/Doll – 5 Years Later But Still Very Pertinent

Although such Final Rules were widely criticized by most companies in the United States, a sole individual, Dr. Triantafyllos Tafas, a co-inventor of a computerized automated microscope, …