Posts Tagged: USPTO


Has the PTAB compromised the integrity of the patent system?

The truth is simple. Certain patent owners are being harassed; their patents – sometimes the same patents – are challenged repeatedly. Yet, Director Lee has not exercised her authority …
By Gene Quinn
1 month ago 14

Don’t Wait to File a Track One Request if You Think You Might Need It

The Track One program was instituted on September 23, 2011, as part of the America Invents Act. Known officially as the “Prioritized Patent Examination Program,” the USPTO promises a …

TTAB Agrees with Parents Everywhere: Children do not hold the Control—Noble House v. Floorco

Subsidiaries of larger companies who are preparing to file a trademark application may want to think twice before deciding who to list as the Applicant. In April 2016, …
By Emily Scheible
2 months ago 0

Section 103 Rejections: How Common Are They and How Should You Respond?

There are several major statutory rejections that an applicant can receive during the course of patent prosecution at the USPTO, each one corresponding to the relevant section …

USPTO Seeking Comments on Proposed Patent Fee Adjustments

The U.S. Department of Commerce’s United States Patent and Trademark Office (USPTO) today issued a notice of proposed rulemaking (NPRM) proposing to set or adjust …
By U.S.P.T.O.
2 months ago 1

Supreme Court to Consider “Disparaging” Trademarks

The U.S. Supreme Court agreed yesterday to review a Federal Circuit ruling that held unconstitutional a law prohibiting registration of trademarks that “may disparage” people or …

USPTO Announces Patents for Humanity Winners

USPTO is giving four awards and two honorable mentions in the 2016 Patents for Humanity awards. Award recipients receive public recognition at an award ceremony arranged by the …
By U.S.P.T.O.
2 months ago 0

Court Lacks Jurisdiction to Review if Assignor Estoppel Precludes PTAB from Instituting IPR

The Federal Circuit dismissed Husky’s appeal, finding that it lacked jurisdiction to review the Board’s determination of whether assignor estoppel barred institution of an inter …

The Increasingly Important Roles of Bloggers in Post Grant Proceedings

Both petitioners’ and patent owners’ reliance on blog articles in the course of post grant proceedings has been approximately equal. However, the manner in which the blog …
By Timothy J. Maier
2 months ago 1

The Inspector General’s Report Alleging PTO Examiner Time and Attendance Abuse Has No Merit

On August 31, 2016, the Office of the Inspector General (OIG) of the U.S. Department of Commerce (DOC) released a report titled Investigative Report on Analysis of Patent …
By Ron Katznelson, Ph.D.
2 months ago 4

Hearing on Examiner Fraud a Big, Fat Nothing Burger

Prepared statements released in advance of the hearing talked tough, but that was pretty much it. Insofar as getting to the root of the problems identified in …
By Gene Quinn
3 months ago 23

Patent Reform: An Analyst’s Perspective of the AIA

Perhaps the most challenging to accept is the notion that a tribunal created with a specific purpose of invalidation can be impartial to both the petitioners and …
By Elena Murphy
3 months ago 2

More than 45 law firms collaborate to launch PTAB Bar Association

The Patent Trial and Appeal Board (PTAB), a tribunal of the United States Patent and Trademark Office (USPTO), has become an increasingly popular and efficient venue for …
By Press Releases
3 months ago 1

Use of PTAB Decisions in District Court Litigation

As the above cases illustrate, PTAB decisions have affected district court cases in different ways. Determining whether the use of a PTAB decision is likely to be …
By Naveen Modi
3 months ago 4

Happy Birthday AIA: Celebrating an Unmitigated Disaster and the Destruction of American Innovation

All of the post grant challenges ushered in by the America Invents Act (AIA) were a bad idea. They never should have been created in the first …
By Gene Quinn
3 months ago 18