Posts Tagged: USPTO


Misleading PTO statistics hide a hopelessly broken PTAB

While the Patent Office likes to tout statistics that assert most patent claims challenged in IPR are not invalidated, those statistics are simply not credible. When reporting …
By Gene Quinn
20 days ago 16

The America Invents Act Five Years Later: Reality, Consequences and Perspectives

At exactly 11:42am on September 16, 2011, President Barak Obama signed the America Invents Act into law. As President Obama put his pen down he said: “All right guys, …
By Gene Quinn
20 days ago 22

Commerce IG Report: Patent examiners defrauded government of millions for unworked time

The investigative report, prompted by interest caused by the infamous “Examiner A,” who falsely claimed he worked 730 hours in fiscal year 2014, concluded that for the 15-month period …
By Gene Quinn
25 days ago 78

Junior party prevails at USPTO in Interference between Plant Patent and Utility Application

Sheehan contended that Dulcich, without permission, grafted Sheehan’s “Great Green” in 2010 and filed for a plant patent in 2012 claiming the “Great Green” as its own JPD-001 (“…

PTAB arbitrary and capricious in denying motion to amend in IPR

In the final decision by the Board in the IPR, the Board denied the patent owner’s motion solely because the patent owner did not discuss whether …
By Gene Quinn
26 days ago 5

USPTO considering an end to accelerated examination

The Patent Office recently announced changes to the accelerated examination program, and hinted that they would soon publish another notice soliciting public comments with respect to whether …
By Gene Quinn & Steve Brachmann
27 days ago 6

USPTO ‘judgment calls’ to blame for reopening prosecution after complete Board reversal

Robert Bahr, the Deputy Commissioner for Patent Examination Policy, responded that “hindsight is great,” and went on to explain that they thought that the rejections that were …
By Gene Quinn
1 month ago 53

USPTO handling of patent eligibility sparks substantive discussion at PPAC meeting

Bahr explained a number of things, including the reason the USPTO has not updated patent eligibility guidance to address the pro-patent decision of the Federal Circuit in …
By Gene Quinn
1 month ago 60

IP Strategies for Digital Health Products and Services: What Can You Protect in a Data-Driven World?

Disruptive innovation, like what we are seeing in the health care industry, often causes disruption elsewhere, and the legal landscape is no exception. The life cycle of …
By Maia H. Harris
1 month ago 0

SCOTUS asked to consider proper scope of ex parte reexamination proceedings at USPTO

Pactiv, LLC v. Lee presents a question fundamental to all ex parte reexaminations: whether, after the PTO initiates an ex parte reexamination, that proceeding is limited in …
By Paul Hughes
1 month ago 6

Edward Kwok joins VLP Law Group as Partner in Intellectual Property Practice Group

VLP Law Group LLP has announced that Edward Kwok has joined the firm’s Intellectual Property Practice Group as a partner based in Silicon Valley, California. Prior …
By Press Releases
1 month ago 0

USPTO Director Lee sued for declaring federal holiday, allowing IPR filing after statutory deadline

It was only going to be a matter of time before Director Lee declaring a federal holiday without any statutory authority came back to haunt the USPTO. …
By Gene Quinn
1 month ago 21

The Dynamics of Patentability Beyond §§ 102 and 103

It is the personal relationships and dynamics between those junior and senior examiners where the final, hidden gate to patentability stands. Between them, the junior examiners perform …
By Jason Perilla
1 month ago 3

Would Monopoly® be patent ineligible under Alice?

One particularly disconcerting and largely unpredictable aspect of Alice is how it has been used to render games patent ineligible. This type of Alice-creep is particularly disconcerting …
By Gene Quinn
1 month ago 44

Common sense is no substitute for reasoned analysis and evidentiary support

O’Malley recognized that in Perfect Web the Federal Circuit did authorize the use of common sense to supply a missing claim limitation, but she pointed out …
By Gene Quinn
2 months ago 15