Posts Tagged: USPTO


USPTO Provides Updates to Patent Subject Matter Eligibility Guidance

On its face, the new guidance seems to urge examiners to develop well-reasoned, substantive rejections rather than conclusory rejections which provide little basis for applicants to advance …

Avoiding Alice Rejections with Predictive Analytics

The disparity between the art units is confused even more so when we consider the total number of Alice rejections in each art unit, rather than just …
By Sarah Garber
26 days ago 10

Oculus Rift Patents that change the Virtual Reality Landscape

Of the virtual reality options currently on the market, the Oculus Rift is arguably built upon one of the most technologically robust VR platforms. Capturing the movements …
By William Cory Spence
27 days ago 6

PTAB cites Enfish, refuses to institute Covered Business Method Review on Mirror World patent

Earlier today the Patent Trial and Appeal Board (PTAB) of the United States Patent and Trademark Office (USPTO) declined to institute a covered business method (CBM) review …
By Gene Quinn
1 month ago 6

Patent Office Issues New AIA Rules

The U.S. Patent and Trademark Office recently issued an updated set of rules affecting trial practice before the Patent Trial and Appeal Board. In large part, …
By Christopher King
1 month ago 2

Women’s Entrepreneurship Symposium

The United States Patent and Trademark Offi­ce (USPTO) and the Hagley Museum and Library are proud to present the Women’s Entrepreneurship Symposium in Wilmington, Delaware, …
By Gene Quinn
1 month ago 0

Is the USPTO’s IPR Process Constitutional?

I represent MCM Portfolio LLC, which is seeking Supreme Court review of a recent decision of the United States Court of Appeals for the Federal Circuit upholding …
By Thomas Goldstein
1 month ago 51

USPTO gives examiner guidance in light of Enfish v. Microsoft

Bahr tells examiners that based on the Federal Circuit ruling they "may determine that a claim direct to improvements in computer-related technology is not direct to an …
By Gene Quinn
1 month ago 45

Diversion of USPTO user fees is a tax on innovation

User fees fund our patent system. The patent system turns ideas into assets. Those assets are used to secure financing and gain access to markets. Financing and …
By Brian O’Shaughnessy
1 month ago 6

Teaching Points from the New USPTO Life Sciences Examples

On May 6, 2016, the U.S. Patent and Trademark Office released new life science examples on subject matter eligibility (Examples 28-32, consecutively numbered after the previously released USPTO …
By Elena S. Polovnikova
1 month ago 2

PTAB’s Factual Findings Were Sufficient, Standard Was Improper

The Court noted that decisions related to compliance with the Board’s procedures are reviewed for abuse of discretion. As far as the “reasonable expectation of success” …

David P. Ruschke to become next Chief Judge of PTAB

The United States Patent and Trademark Office (USPTO) yesterday announced the appointment of David P. Ruschke as the next Chief Judge for the Patent Trial and Appeal …
By Gene Quinn
2 months ago 6

Patent Office Defends PTAB Denying Motions to Amend

Don't let the Patent Office fool you. If they wanted to offer patent owners procedural opportunities to fully and fairly engage in an amendment process for patents …
By Gene Quinn
2 months ago 40

To BRI or Not to BRI, That Is the Question

A good argument can be made that a given panel of PTAB judges will construe claims in the manner that makes most sense to them, regardless of …
By Paul Berghoff
2 months ago 6

Practitioner Strategies for Living in a Post-Cuozzo World

It seems difficult to reconcile the Respondent’s principal argument that two standards should still apply: that is, that the PTAB should be permitted to continue applying …
By Bradley Olson
2 months ago 10