Posts in USPTO


The USPTO’s New Guidelines on Prophetic and Working Examples in Patent Applications and Corresponding Practices in India and China

The United States Patent and Trademark Office (USPTO) publishes a large number of notices in addition to guidelines for patent applicants. These guidelines are frequently updated, and …

Patent Filings Roundup: Judge Albright Hits Back at Federal Circuit; APJ Urges Board to Consider Litigiousness Under Fintiv; PTAB Reverses Fintiv Denial after ITC Termination

District court patent filings this week remained slightly elevated, at 78, with a fair number of Rothschild, Raymond Anthony Joao, and Jeffrey Gross entities filings complaints; but oddly—…
By Jonathan Stroud
17 days ago 8

B.E. Technology Dubs IPR Process a ‘Kafkaesque Nightmare’ in Mandamus Petition to CAFC

B.E. Technology, a company owned by Martin David Hoyle, developer of internet advertising technology who has been embroiled in litigation with big tech companies like Facebook, …
By Eileen McDermott
19 days ago 14

CAFC Vacates TTAB Finding of No Fraud on the USPTO, Citing Two Legal Errors

The U.S. Court of Appeals for the Federal Circuit (CAFC) on Friday, November 12, vacated and remanded a decision of the Trademark Trial and Appeal Board (TTAB) …
By Eileen McDermott
21 days ago 0

Patent Filings Roundup: In a Slow Week, IP Edge Hits Amazon on Cryptographic Keys and Jeffrey Gross-Run Entities Proliferate

Another week, another dearth of any Fintiv denials, which sort of begs the question, if the Patent Trial and Appeal Board (PTAB) has effectively walked back their …
By Jonathan Stroud
24 days ago 0

Patenting Trends in Emerging Technologies: Blockchain Patents Grow from Three to 2,660 in Less than Five Years

Blockchain’s history begins in 1991, when Stuart Haber and W. Scott Stornetta published a paper describing a cryptographically secured chain of blocks. It took another 18 years before …
By Nick Brestoff
26 days ago 2

Great Inventors are Industry Outsiders and Must be Protected

Every once in a while, a new invention changes an industry and sometimes even the world. In grade school, we all learned about some of these great …
By Paul Morinville
27 days ago 14

CAFC Reverses PTAB Obviousness Ruling, Clarifying ‘Reasonable Expectation of Success’ Standard

On November 4, the U.S. Court of Appeals for the Federal Circuit (CAFC) reversed a decision by the U.S. Patent and Trademark Office’s Patent Trial …
By Matthew Schutte
30 days ago 8

Patent Filings Roundup: IP Edge Files Another 50, Comprising 13% of all District Court Litigation; Hawk Hit with Declaratory Judgment For Asserting Already-Invalid Patent

It was another banner week in district court complaints, led primarily by a deluge of new IP Edge complaints—49 in all, by my count—including newer subsidiaries (…
By Jonathan Stroud
1 month ago 1

As Raimondo Takes the Helm on Council for Inclusive Innovation, Inventors Have an Unresolved Ask

In a letter provided last week to members of the National Council for Expanding American Innovation (NCEAI), Secretary of the U.S. Department of Commerce Gina Raimondo …
By Jeff Hardin
1 month ago 7

Criticism of Judge Albright Looms Large in Tillis Letters to Hirshfeld, Chief Justice Roberts

On November 2, Senator Thom Tillis (R-NC) sent a pair of letters regarding issues in district court patent litigation—one addressed to Drew Hirshfeld, performing the functions and …

Pro-Apple TTAB Bias Case Heats Up at CAFC

Following a motion filed in mid-October with the U.S. Court of Appeals for the Federal Circuit (CAFC) accusing the United States Patent and Trademark Office (USPTO) …
By Eileen McDermott
1 month ago 1

It’s Time to Address ‘Patent Mercenaries’—and the USPTO Already Has the Tools

In response to intense lobbying for patent litigation reform, Congress was convinced that a substantial amount of district court patent litigation involved “poor quality” patents that were …
By Russell Slifer
1 month ago 40

Patent Filings Roundup: Intellectual Ventures Jumps Stalled Car Campaign; DJ against Mystery Sons of Innovation LLC; Another Hundred Suits Dismissed

It was a (relatively) light Patent Trial and Appeals Board (PTAB) and district court week, with 26 PTAB (two post grant reviews and 24 inter partes reviews) and 48 new …
By Jonathan Stroud
1 month ago 2

Industry Reacts to Kathi Vidal Nomination

Following yesterday’s announcement of Kathi Vidal as President Joe Biden’s nominee to head the U.S. Patent and Trademark Office (USPTO), IP professionals largely expressed …
By Eileen McDermott
1 month ago 13