Posts in USPTO


Celebrating (?) the America Invents Act: Ten Years On, Many IP Stakeholders Say it’s Time for a Second Look

During IPWatchdog LIVE 2021 in Dallas, Texas, I asked a handful of willing attendees for their thoughts on the impact of the America Invents Act (AIA) in anticipation …
By Eileen McDermott
7 hours ago 3

Ten Years of the America Invents Act: Toward a More Objective and Accurate Patent System

When the America Invents Act (AIA) was before Congress a decade ago, it was heralded as the first comprehensive patent law since the 1952 Act. Ten years’ perspective …
By Joseph Matal
10 hours ago 4

IPWatchdog LIVE Event Wraps Up with Featured Speakers Makan Delrahim and Vishal Amin

On day three of IPWatchdog LIVE in Dallas, Texas, former Assistant Attorney General in charge of the Antitrust Division at the U.S. Department of Justice (DOJ), …
By IPWatchdog
1 day ago 0

Winning at the PTAB: IPWatchdog LIVE Panelists Warn, Don’t Be Flashy

On the second day of IPWatchdog Live in Dallas, Texas, a panel of attorneys shed light on how to triumph at the Patent Trial and Appeal Board (…
By Logan Murr
1 day ago 6

Importance of Accurate Translation of Non-English Priority Patent Applications

Can a U.S. patent be invalidated due to an inaccurate translation of the non-English priority patent application? The answer is most definitely “Yes.” This article examines …

Tillis and Leahy Urge USPTO to Address Inconsistent Prior Art Statements by Patent Applicants at the FDA

On Thursday, September 9, Senators Thom Tillis (R-NC) and Patrick Leahy (D-VT) sent a letter addressed to Drew Hirshfeld, performing the functions and duties of the Director of …
By Steve Brachmann
4 days ago 2

Report: Almost One-Third of IPR Proceedings are Settled

Our recent IPR Intelligence report covers the inter partes review (IPR) filing activity at the Patent Trial and Appeal Board (PTAB) from July 1, 2016, through June 30, 2021. Over the …
By Pedram Sameni
5 days ago 1

Third-Party Trademark Usage and Likelihood of Confusion

When examining trademark applications, the U.S. Patent and Trademark Office (USPTO) assesses whether the applied-for trademark presents a likelihood of confusion among consumers as compared to …
By Theodore Chiacchio
7 days ago 0

Patent Filings Roundup: IP Edge Hits Hardware Stores, Media Websites; Home Security Cam ITC Fight Goes Live

It was a heavy week for patent filings, with 78 new district court complaints and 41 new Patent Trial and Appeal Board (PTAB) petitions, all inter partes reviews (IPRs). …
By Jonathan Stroud
7 days ago 3

O’Malley Splits from Majority in CAFC Denial of Mandamus to Stop IPR Institution on Patents Subject to Arbitration

The U.S. Court of Appeals for the Federal Circuit (CAFC) today issued an order denying MaxPower Semiconductor, Inc.’s appeal and Petition for Writ of Mandamus …
By Eileen McDermott
8 days ago 6

Ninth Circuit Affirms Permanent Injunction Preventing Guest-Tek From Petitioning PTAB for Validity Challenges to Nomadix Patents

On September 3, the U.S. Court of Appeals for the Ninth Circuit issued a pair of decisions in Nomadix, Inc. v. Guest-Tek Interactive Entertainment Ltd. on appeal …
By Steve Brachmann
8 days ago 0

U.S. District Court Holds that AI Algorithms Cannot Be Listed as Inventors on Patents

On September 2, the U.S. District Court for the Eastern District of Virginia issued a decision granting a Motion for Summary Judgment for the United States Patent …

This Week in Washington IP: Think Like a USPTO Examiner, Prepping Arguments for AIA Trials and a Look at the Changing Cyber Threat Landscape

This week in Washington IP events, both houses of Congress remain quiet during regularly scheduled work periods. However, the U.S. Patent and Trademark Office (USPTO) will …
By IPWatchdog
9 days ago 1

USPTO’s Patent Quality and Pendency Programs are Bearing Fruit

According to Strategic Goal 1 of the United States Patent and Trademark Office’s (USPTO’s) FY2020 Performance and Accountability Report (PAR), the USPTO is committed to high-quality …

CAFC: TTAB Never Had a Pre-Arthrex Appointments Clause Issue

On September 1, the United States Court of Appeals for the Federal Circuit (CAFC) affirmed the Trademark Trial and Appeal Board’s (TTAB’s) cancellation of a trademark …
By Logan Murr
12 days ago 0