Posts Tagged: board of patent appeals


Patent Truth and Consequence: File First Even in the U.S.

The date of invention relates to your conception. This is true whether you are engaging in an interference proceeding seeking to obtain a claim instead of another …
By Gene Quinn
9 years ago 19

CAFC Rules New Evidence OK in BPAI Appeal to District Court

In a peculiar oddity those who choose to challenge the final determinations on patentability of the Board of Patent Appeals and Interferences (BPAI) can elect to either …
By Gene Quinn
10 years ago 34

Major Funai TV Patent, Once Held Valid by CAFC, Brought down in Reexamination

Funai appealed the examiner’s rejection to the PTO Board which conducted oral argument on August 18th. The CAFC’s earlier decision in favor of Funai was …
By Scott M. Daniels
10 years ago 3

Federal Circuit: Foreign Application Not Priority in Interference When it Only “Envisions” Invention

Last week the United States Court of Appeals for the Federal Circuit issued a ruling in Goeddel v. Sugano, which might be one of a dying breed …
By Gene Quinn
10 years ago 4

Newman Says Obviousness is Matter of Foresight Not Hindsight

For most of us patent prosecutors, Judge Newman is our hero. She is one of us. On some occasions the patent planets even align and Judge Newman …
By Eric Guttag
10 years ago 8

Pfizer’s Erectile Dysfunction Claim for Viagra® Found Invalid

In the opinion, the BPAI agreed with the reexamination Examiner that any one of four (out of five) prior art references that contained descriptions of oral administration …
By Gene Quinn
10 years ago 5

Obviousness Ruling Based on Mischaracterizations of Reference Overturned by CAFC

But what is refreshing and important in the Federal Circuit’s opinion is that mischaracterizations of references relied upon by the patent examiner (or the BPAI) for …
By Eric Guttag
10 years ago 18

Requesting Deadline Extension on BPAI Rules of Practice

On January 20, 2010, the Patent Office is hosting a 3-hour “roundtable” to discuss the Advanced Notice of Proposed Rulemaking (ANPRM) regarding Rules of Practice Before the Board of …
By Richard Belzer
10 years ago 5

BPAI Rules Reissue Improper When Only Adding Narrower Claims

Reissue practice and reissue oaths are plagued by the tortured language of 35 U.S.C. § 251.  Having suffered through 3 related reissues myself, I’ve often referred to this …
By Eric Guttag
10 years ago 6

US Patent Office Seeks to Modify Appeals Rules… Again

The United States Patent and Trademark Office earlier today announced in the Federal Register that they will once again attempt to modify the rules of practice and …
By Gene Quinn
10 years ago 2

What the Board of Patent Appeals Can Learn from the NFL

The difference between a successful and unsuccessful season for an NFL Football Team often times hinges upon the outcome of a single game. In some cases, a …
By Scott A. McKeown
10 years ago 10

KSR Day at the NAPP Conference in San Diego

I am still in San Diego, California at the Annual Conference of the National Association of Patent Practitioners, which is being held at the Embassy Suites Hotel, …
By Gene Quinn
11 years ago 3

BPAI Judges Get Patent Attorney Clerks

About two weeks ago I received an anonymous letter from “A concerned observer” regarding the Board of Patent Appeals and Interferences (BPAI).  I realize that anonymous tips …
By Gene Quinn
11 years ago 16