Posts Tagged: USPTO


PTAB fails to decide IPR within 1-year statutory deadline

According to 35 U.S.C. § 316(a)(11), the PTAB is required to issue a final determination in an inter partes review not later than 1-year after the date …
By Gene Quinn
15 days ago 12

USPTO issues statement on Hurricane Irma

From USPTO: "We will publish a notice designating the interruption in service of the United States Postal Service (USPS) in the areas affected by Hurricane Irma, as …
By Gene Quinn
16 days ago 0

Ignorance of the Law is No Excuse for Cost of the USPTO’s High ex parte Appeal Reversal Rates

As the old saying goes: Ignorance of the law is no excuse. So there seems to be no good reason that the Examining corps’ inability to apply …
By Adam Stephenson
16 days ago 8

USPTO files brief at CAFC supporting patent-infringing respondent Telebrands

Tinnus argues in its appeal that the PTAB panel applied standards for inter partes review (IPR) proceedings to a trial that was instituted as a PGR. “In …
By Steve Brachmann
16 days ago 5

USPTO, PTAB refuse to follow Supreme Court Nautilus decision

The PTAB is openly refusing to follow the Supreme Court’s decision in Nautilus, Inc. v. Biosig Instruments, Inc., it has found a term previously determined definite …
By Gene Quinn
17 days ago 79

Board cannot shift burden of proving patentability to applicant, must articulate reasoning

The Federal Circuit vacated and remanded the Board’s decision, finding that it “failed to adequately articulate its reasoning, erroneously rejected relevant evidence of nonobviousness, and improperly …

Uncertain legal status of financial transactions in marijuana industry lead to bitcoin, cryptocurrency development

Increasingly, bitcoin and related cryptocurrencies are becoming the choice for most financial transactions within the nascent marijuana industry as the sector increases in value. North American marijuana …
By Steve Brachmann
20 days ago 11

USPTO declaring postal emergency due to Hurricane Harvey

The USPTO is in the process of publishing a notice designating the interruption in service of the United States Postal Service (USPS) in the areas affected by …
By Gene Quinn
21 days ago 0

PTAB Abused Discretion by Failing to Consider Material Evidence

Under Patent Office regulations, a party seeking to submit supplemental information more than one month after the date an IPR is instituted must request authorization to file …

Trump nominates Andrei Iancu to be USPTO Director

On Friday, August 25, 2017, the Trump Administration announced several nominations, one of which was the nomination of Andrei Iancu to be the next Under Secretary of Commerce for …
By Gene Quinn
27 days ago 13

Former Trump campaign advisor: “Today, patents are worthless.”

“We began noticing that key appointments in the Trump Administration were going to Republicans who were very anti-patent,” Caputo noted. These appointments include Vishal Amin, who Trump …
By Steve Brachmann
29 days ago 28

USPTO admits to stacking PTAB panels to achieve desired outcomes

The USPTO admits that the Director does not have statutory authority to adjudicate an issue after a panel has been chosen, but argues that the Director can …
By Gene Quinn
30 days ago 60

Placing limits on innovation may exclude great inventions before it’s known what has been excluded

Since U.S. patents are granted with exclusive right to exclude, the only way to realize values of inventions is licensing, suing for damages or both. This …
By Jianqing Wu, Ph.D.
1 month ago 34

Court affirms TTAB refusal to register ‘FIRST TUESDAY’ trademark for NC Lottery

In re N.C. Lottery, Appellant North Carolina Lottery (“N.C. Lottery”) sought to register the mark “FIRST TUESDAY” in connection with lottery services and games to …

Music Artist will.i.am Cannot Trademark “I Am”

In re i.am.symbolic, llc, William Adams, better known by his stage name “will.i.am”, was refused registration of a Trademark for “I AM” on …