Posts in USPTO


House Small Business Committee Tackles Diversity Gap in Patenting Debate

The House Small Business Committee met earlier today for a hearing titled “Enhancing Patent Diversity for America’s Innovators,” in which members of Congress heard from witnesses …
By Eileen McDermott
9 days ago 37

A Global Look at Post Grant Patent Maintenance Fees

A patent maintenance fee is an official fee that is payable at prescribed intervals to a national patent office over the lifecycle of a patent application or …

Arthrex Update: With Responses Due Next Week, Amici Urge Federal Circuit to Grant Rehearing

In December, petitions for rehearing were filed at the U.S. Court of Appeals for the Federal Circuit by each party involved in Arthrex, Inc. v. Smith & …
By Steve Brachmann
15 days ago 2

Case Law and Policy Changes in PTAB Practice During 2019

Despite the possibility that the judges of the Patent Trial and Appeal Board (PTAB) may have been unconstitutionally appointed, as held recently by a Federal Circuit panel, …
By John Bauer & Tom Engellenner
16 days ago 6

Retired USPTO Commissioner for Trademarks Mary Boney Denison Recounts Her Career and the Challenges Ahead for the Office

On December 31, the United States Patent and Trademark Office’s (USPTO’s) Commissioner for Trademarks, Mary Boney Denison, retired from her position with the agency. Denison joined …
By Michelle Sara King
16 days ago 0

The USPTO Will No Longer Accept PCT Collaborative Search and Examination Requests

Earlier today, the United States Patent and Trademark Office (USPTO) announced that it will no longer accept requests to participate in the IP5 Patent Cooperation Treaty (PCT) …
By Gene Quinn
21 days ago 1

The Top 10 Patent Stories of the Decade 2010 – 2019: Part II

As we explained in Part I of this series yesterday, this December marks the end of a decade as well as 2019. In reflecting on the top 10 patent …
By Gene Quinn
1 month ago 5

USPTO, DOJ & NIST Issue Joint Policy Statement on Injunctions for Standard Essential Patents

Earlier this afternoon, the United States Patent and Trademark Office (USPTO, National Institute of Standards and Technology (NIST) and the U.S. Department of Justice, Antitrust Division (…
By Gene Quinn
1 month ago 2

All Parties in Arthrex Want the Full Federal Circuit to Render a Better Decision

On December 16, the U.S. Government, Arthrex, Inc., and Smith & Nephew, Inc. each submitted petitions for rehearing and/or rehearing en banc asking the full Federal Circuit …
By Eileen McDermott
1 month ago 5

Five Years Later, the U.S. Patent System is Still Turning Gold to Lead

Five years after the last of the four decisions in patent eligibility doctrine by the Supreme Court—creating what is now referred to as the Alice-Mayo framework—…

Federal Circuit Reverses PTAB’s Invalidity Decision Regarding a Wireless Communications Patent

In November, the Federal Circuit issued an opinion reversing the Patent Trial and Appeal Board’s (the PTAB or the Board) decision that claim 8 of IPR Licensing …

Clawing Deeper into the Monster v. Raptors Trademark Battle

Torontonians may have accepted the loss of Kawhi Leonard, but another Raptors asset is still at risk: their newest logo. As detailed here, the Raptors are tipping …

Rare Diseases as A Strategic Springboard: Leveraging Orphan Drug Designations and Patent Protection for Increased Investment

Drug innovators are providing much needed focus on rare diseases and, at the same time, leveraging early-stage rare disease results to facilitate down-stream market entry in broad-spectrum …
By Jacob Moore & Julie Meigs
1 month ago 0

Recent USPTO Update Provides Blueprint for PTAB Patent Challenge Process

Since the passing of the America Invents Act (AIA) and the implementation of the inter partes review (IPR) process, IPR has become a popular and important avenue …

SCOTUS Holds in NantKwest that USPTO Cannot Be Reimbursed for Salaries of Legal Personnel

The Supreme Court ruled in Peter v. NantKwest today that the U.S. Patent and Trademark Office (USPTO) cannot recover the salaries of USPTO attorneys and paralegals …
By Eileen McDermott
1 month ago 4