Posts Tagged: USPTO


Defensive Collateral Estoppel Applies Only if Essentially Identical Accused Product Found Non-infringing

In its opinion, the Federal Circuit explained that defensive collateral estoppel of non-infringement applies in very limited circumstances where “a close identity exists between the relevant features …

CAFC: Patent Claim Directed to Concrete Assignment of Specified Functions is Patent Eligible

The Federal Circuit recently reversed the Western District of Washington’s dismissal under Rule 12(b)(6) of the Federal Rules of Civil Procedure where the district court held …

Iancu Proposes Overcoming 101 ‘Morass’ by Strictly Following Supreme Court Precedent

Director Iancu's remarks gave a first look at what his reforms will look like, and by all indications these changes will be extremely innovator friendly... What has …
By Gene Quinn
13 days ago 44

Federal Circuit Holds a ‘Similar Enough’ Claim Construction Doesn’t Violate the APA

In Hamilton Beach Brands v. F’Real Foods, the Federal Circuit found that under the Administrative Procedure Act, the Patent Trial and Appeal Board’s adopted claim …

Change in the Electronic Retrieval Method for Priority Documents between USPTO and KIPO

Effective December 1, 2018, electronic retrieval of priority documents between the United States Patent and Trademark Office (USPTO) and the Korean Intellectual Property Office (KIPO) will be managed via …
By U.S.P.T.O.
16 days ago 0

Protecting Your Brand Portfolio: Four Steps for a Proper Trademark Audit

A trademark audit is a review of a brand owner’s current trademark portfolio to ensure that the brand owner’s trademark usage and trademark holdings are …
By Alice Denenberg
17 days ago 0

The PTAB Promotes Petitioner Promiscuity

Why in the world would the federal government want to be an active participant in invalidating patents that the USPTO grants? Does the federal government believe that …
By David Wanetick
18 days ago 25

The Complicated Relationship Between IP Law & Cannabis

For the innovators capitalizing on the legal growth, distribution, and commercial sale of cannabis, the procurement of intellectual property rights can go a long way in the …
By Carly Klein
1 month ago 0

Iancu: Major PTAB Initiatives Rolled Out, Time to Assess Changes and Stakeholder Reaction

Director Iancu did not make much, if any, news speaking at PPAC today. He did, however, indicate that at least for now his major initiatives to reform …
By Gene Quinn
1 month ago 3

Laura Peter Appointed Deputy Director of the USPTO

Secretary of Commerce Wilbur Ross today announced the appointment of Laura Peter as deputy under secretary of commerce for intellectual property and deputy director of the United …
By U.S.P.T.O.
1 month ago 2

USPTO Announces Access to Relevant Prior Art Initiative to Import Prior Art Citations into Patent Applications

The USPTO recently announced the implementation of the first phase of the Access to Relevant Prior Art (RPA) Initiative. The initiative is being designed to reduce the …
By Steve Brachmann
1 month ago 1

A Patent Dream Come True

The US Patent Office – of which the PTAB is a part – issues patents.  That’s why it exists.  So if the PTAB finds an error in a …
By Aaric Eisenstein
1 month ago 6

Visualizing Outcome Inconsistency at the USPTO

In an ideal world, your chance of getting a patent allowed is based on the merits of your patent application and independent of the largely random assignment …
By Jeff O’Neill
1 month ago 15

The USPTO Must End Repeated and Concerted Patent Attacks

Why is it that innovators such as Universities and independent inventors are caricatured as patent trolls while entities such as Unified Patents and RPX, who exist for …
By Gene Quinn
1 month ago 28

Using Do-It-Yourself or Online Trademark Registration Services Can Prove Disastrous for Entrepreneurs

Mass market online filing services simply do not give their clients the time and attention they require and deserve during the trademark application process. The money clients …
By Mark Peroff
2 months ago 0

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