Posts Tagged: USPTO


A Summary of the Constitutional Issues Raised by the Respondent in Oil States

The respondent immediately takes issue with the argument that patents are not public rights, summarily citing MCM Portfolio LLC v. Hewlett-Packard Co., 812 F.3d 1284 (Fed. Cir. 2015), cert. …
By John M. Rogitz
1 hour ago 0

What I Want and Why: An Open Letter to the Next PTO Director

Inasmuch as the new Director can change, or do whatever they want once in the job, and will be subject to political winds, I thought I’d …
By John White
1 day ago 6

San Diego Comic Con succeeds on several motions in trademark infringement case against Salt Lake City Comic Con event organizers

On September 12th, Judge Anthony Battaglia of the Southern District of California entered an order granting motions made by the San Diego Comic Convention in a trademark …
By Steve Brachmann
1 day ago 0

Indian Tribe files Motion to Dismiss RESTASIS Patent Challenge based on Sovereign Immunity

Earlier today the Saint Regis Mohawk Tribe filed a Motion to Dismiss in six separate inter partes review (IPR) proceedings relating to the Allergan drug RESTASIS®. The …
By Gene Quinn
3 days ago 20

A Look Back at the Legislative Origin of IPRs

Those now familiar with IPR proceedings will already have recognized how little resemblance current IPR proceedings have to what most supporters of the AIA envisioned upon its …
By Phil Johnson
5 days ago 29

Judge Paul Michel presents supplemental testimony on PTAB reforms to the House IP subcommittee

To fix the current incarnation of the U.S. patent system and reinvigorate the American economy, Judge Michel called upon the House IP subcommittee to adopt seven …
By Steve Brachmann
6 days ago 19

Trump nominates financial services inventor Margaret Weichert to serve as OMB’s deputy director of management

Margaret Weichert, Trump’s selection for deputy director of management at the OMB, is an inventor who has received “14 successful U.S. patents,” an indication that someone …
By Steve Brachmann
6 days ago 1

Raid on Gibraltar: How the U.S. Patent System was Rigged Against Independent Inventors

The numbers are stark. As recently as 1990, individual inventors were granted 17 percent of all patents. By 2000, they received 12 percent and only 6.8 percent in 2010. In 2015, individual inventors were …
By Pat Choate & Joan Maginnis
8 days ago 27

Five Years after the AIA Created the PTAB

I want to believe Congress ultimately sought to strengthen the U.S. patent system with the AIA by providing a mechanism to more easily remove a small …
By Russell Slifer
9 days ago 14

Executives for America’s tech giants refuse to come to Congress to testify on net neutrality

The Facebooks, Googles and Netflixes of the world, edge providers that provide Internet services via websites but not an Internet connection like ISPs offer, have every reason …
By Steve Brachmann
9 days ago 2

The PTAB’s dramatic effect on patent value and corresponding disincentives to capital allocation

Whether one celebrates or decries the PTAB, there can be little doubt that it has worked a profound effect on the value of American patents—and, concomitantly, …
By Ashley Keller
10 days ago 28

USPTO Update from John Cabeca, Silicon Valley Director

One area the Office is reviewing is in the area of Examiner Time Analysis. The Office hasn’t changed the classification of applications (i.e., complex versus …
By Gene Quinn
11 days ago 5

The Increasingly Powerful PTAB: Underutilized Precedential Designations Undermines Efficiency and Consistency

The PTO has increased the number of Board decisions as being precedential (so as to serve as a binding authority) by 36% within the last two years. With …

How the New USPTO Director Can Impact Patent Subject Matter Eligibility and Post-Patent Grant Challenge Proceedings

As the challenge proceedings and the Patent Trial and Appeal Board mark their fifth anniversary, we should reflect on whether they have achieved their intended purpose. About …
By Manny Schecter
12 days ago 3

Patent owners negatively impacted by PTAB file amicus brief with SCOTUS in support of Oil States

A few dozen amici briefs have been filed in the case, including one filed on August 30th by 39 patent owners affected by PTAB activities in support of …
By Steve Brachmann
12 days ago 3