Posts Tagged: USPTO
USPTO issues guidance on patent eligibility of method of treatment claims in light of Vanda Pharmaceuticals
On June 7, 2018, the USPTO issued new guidance to its examining corps in the form of a memorandum discussing the Federal Circuit’s April 13, 2018 decision in Vanda Pharmaceuticals …
Alternative Routes to Protection of Innovation
Every year different groups provide rankings of patent prosecution law firms and a company’s patent count for the year. Patent law firms will tout their rankings …
CAFC Vacates Board for Moving Target Rejections, Failure to Consider Reply Brief
The moving target rejections were largely due to the fact that the examiner's first clear explanation that she was relying on structural identity, and not inherency, appeared …
Patent Office asks Federal Circuit to Allow Board to Reconsider Eligibility Rejections
Yesterday I wrote about the United States Patent and Trademark Office filing a Director’s Unopposed Motion to Vacate and Remand in In re Intelligent Medical Objects, …
USPTO asks Federal Circuit to Vacate, Remand 101 Case to Board in Light of Berkheimer
Yesterday the United States Patent and Trademark Office (USPTO) filed a Director's Unopposed Motion to Vacate and Remand in In re Intelligent Medical Objects, Inc. After the …
Structural Bias at the PTAB: No Dissent Desired
This FOIA response confirms that dissents and concurring opinions are not desired by PTAB supervisors. In fact, Administrative Patent Judges (APJs) of the Patent Trial and Appeal …
Lofgren Supported Eliminating BRI Before She Was Against It
Congresswoman Lofgren seems quick to forget that she was one of the original co-sponsors of the Innovation Act when it was introduced into the House back in …
Predicting Future Patent Outcomes
In this article, I compute a “three-year grant rate” that shows the probability of obtaining a granted patent within three years of the first office action. This …
Lofgren, Issa Denounce Proposed PTAB Claim Construction Changes in Oversight Hearing
found it disturbing that the Director Iancu would circumvent the prerogative of Congress with recently announced proposed PTAB claim construction changes, though she admitted the decision wasn’…
Invention and Patents: Phyllis Schlafly’s Legacy
In addition to these other areas of policy interest, however, Phyllis Schlafly had a strong and enduring interest in issues relating to invention, patents and other forms …
Iancu: ‘It is unclear what is patentable and what is not, and that can depress innovation’
Earlier today USPTO Director Andrei Iancu testified at an Oversight Hearing before the House Judiciary Committee. In addition to detailing forthcoming changes to post grant proceedings, Director …
Patenting Antibodies: Written Description Considerations in Antibody Patents
The Amgen v. Sanofi decision put most functional antibody claims into question, including epitope and competitive binding claims, as well as antibody claims based on a newly …
Director Iancu worries current state of Section 101 ‘weakens the robustness of our IP system’
Director Iancu: "But for our purposes what I know for a fact is that in order to incentivize American innovation whether it’s artificial intelligence, DNA processing, …
The PTAB Continues to Break Patent Promises to the Detriment of Inventors
Surviving inventors are incredibly rare. I have met dozens of inventors with incredible discoveries whose naïve belief in the patent system have cost them way more …
An Exclusive Interview with USPTO Director Andrei Iancu
Director Iancu is knowingly and intentionally seeking to provide hope in the words he speaks because he believes a strong patent system is necessary for the U.…
