Posts in USPTO


Defensive Publications: A Cost-Effective Tool to Supplement Your Patent Strategy

In a world of unlimited resources and intellectual property (IP) legal department budgets, all invention disclosures would lead to patent application filings. But this was not the …

File Your Patents and Trademarks NOW! COVID-19 Paves the Way for Filings at the USPTO

As businesses and offices prepare to reopen, the United States Patent and Trademark Office (USPTO) shows its ongoing support for innovation and entrepreneurship during the novel coronavirus …

Dear USPTO: Patents for Inventions by AI Must Be Allowed

On July 29, 2019, U.S. patent application serial number 16/524,350 was filed with the U.S. Patent and Trademark Office (USPTO), with the sole inventor identified as artificial intelligence …
By Kirk Hartung
5 days ago 34

PTAB Institution Data Analysis Proves That Reforms Have Failed

Despite rumors that changes have been made at the USPTO to bring balance to the Patent Trial and Appeal Board (PTAB), a hard look at the data …
By Josh Malone
5 days ago 11

Patent Filings Roundup: The Return of the Founder, Retailers Target Wireless LLC, European NPE Revives 2G/3G Patent Wars

There were only 16 new PTAB filings—all inter partes reviews (IPRs)—this week, with a whopping 70 new district court complaints filed.  Those numbers were driven primarily by: 1) …
By Jonathan Stroud
6 days ago 0

District Court Blocks Attempt to Bar New Prior Art References Based on IPR Estoppel

The U.S. District Court for the District of Massachusetts on May 4 denied a motion for partial summary judgment by Palomar Technologies, Inc., holding that the estoppel …
By Eileen McDermott
12 days ago 13

Why We Need USPTO Examiners to Attend Inter Partes Reviews

Whoever wrote the America Invents Act (AIA) left out the U.S. Patent and Trademark Office (USPTO) examiners. The examiner on any given patent at issue in …
By Paul Hayes
14 days ago 39

In re Forney Could Herald a Brighter Future for Color Marks

Trademarks consisting solely of a color applied to products or their packaging have been protectable under U.S. law for decades—if they meet a heightened standard …

USPTO COVID-19 Pilot Program Will Benefit Small Companies and Individual Inventors

On May 7, the U.S. Patent and Trademark Office (USPTO) published a Notice in the Federal Register regarding the implementation of a new pilot program for COVID-19 …
By Rebecca Tapscott
15 days ago 1

Practice at the Patent Trial and Appeal Board During a Pandemic

The business of the Patent Trial and Appeal Board (PTAB) continues on as most practitioners transition into another month of working from home. Like many courts, the …
By Christopher Douglas
16 days ago 0

Federal Circuit Reverses PTAB’s Non-Obviousness Ruling in View of Prior Art

On May 5, the United States Court of Appeals for the Federal Circuit (CAFC) reversed a decision of the United States Patent and Trademark Office’s Patent Trial …
By Rebecca Tapscott
19 days ago 1

PTAB Judges Should Call Balls and Strikes, Not Throw Curve Balls

The America Invents Act (AIA) outlines an adversarial, inter partes, process for reviewing patents and determining their validity. Patent owners deserve a fair process, presided over by …

Patent Filings Roundup: Blackberry Accused of Abuse, PayPal Isn’t Playing, WSOU Earns Its Frequent Filer Card

This week, Patent Trial and Appeal Board (PTAB) filings are back up, with four post grant reviews (PGRs) and 37 inter partes reviews (IPRs), while there were 83 district …
By Jonathan Stroud
20 days ago 0

Booking.com Oral Arguments: Will Justices’ Skepticism of USPTO Arguments Trump Monopoly Concerns?

The U.S. Supreme Court heard oral arguments in United States Patent and Trademark Office, et al., v. Booking.com B.V., (Case No. 19-46) yesterday, in …
By Rebecca Tapscott
21 days ago 0

USPTO Shoots Down DABUS’ Bid For Inventorship

Last week, the United States Patent and Trademark Office (USPTO) issued a decision refusing to vacate a Notice of Missing Parts in U.S. Patent Application No.: 16/524,350 (…
By Rebecca Tapscott
22 days ago 49