Posts Tagged: patent office


Will the USPTO use annual patent practitioner dues to stop the unauthorized practice of law?

It is no secret to anyone in the industry; the unauthorized practice of law is rampant, and OED does nothing to stop it... If charging dues to …
By Gene Quinn
2 days ago 17

Misapplication of Obviousness: What the MPEP gets wrong about obviousness rejections

MPEP 2141 actually cites to Arendi, but then quotes the case entirely out of context. This is a worrisome problem that can be found in many parts of …
By Gene Quinn
4 days ago 16

USPTO proposes CLE and bar dues for patent practitioners

The United States Patent and Trademark Office (USPTO) has provided the Patent Public Advisory Committee (PPAC) information relating to proposed patent fees in advance of the PPAC …
By Gene Quinn
9 days ago 21

NYIPLA Endorses Patent Office Change to Phillips Claim Construction Standard

The proposed rule would adopt the narrower standard articulated by the Federal Circuit in Phillips v. AWH Corp., where the “words of a claim are generally given …

More Bites at the Apple?

After TCL lost its IPRs against Ericsson in a written decision at PTAB, it was barred from filing subsequent IPRs against the ‘510 patent.  TCL was then hit …
By Robert Stoll
25 days ago 5

The Real IPR Gauntlet: What USPTO Statistics Don’t Show

87.2% of patents in the study, per the table, were subjected to just 1 or 2 IPR petitions – so gang tackling is no big deal. But make this simple observation: …
By Aaric Eisenstein
2 months ago 30

Patent Office asks Federal Circuit to Allow Board to Reconsider Eligibility Rejections

Yesterday I wrote about the United States Patent and Trademark Office filing a Director’s Unopposed Motion to Vacate and Remand in In re Intelligent Medical Objects, …
By Gene Quinn
2 months ago 10

USPTO asks Federal Circuit to Vacate, Remand 101 Case to Board in Light of Berkheimer

Yesterday the United States Patent and Trademark Office (USPTO) filed a Director's Unopposed Motion to Vacate and Remand in In re Intelligent Medical Objects, Inc. After the …
By Gene Quinn
2 months ago 8

Structural Bias at the PTAB: No Dissent Desired

This FOIA response confirms that dissents and concurring opinions are not desired by PTAB supervisors. In fact, Administrative Patent Judges (APJs) of the Patent Trial and Appeal …
By Gene Quinn
2 months ago 31

Iancu: ‘It is unclear what is patentable and what is not, and that can depress innovation’

Earlier today USPTO Director Andrei Iancu testified at an Oversight Hearing before the House Judiciary Committee. In addition to detailing forthcoming changes to post grant proceedings, Director …
By Gene Quinn
3 months ago 28

Director Iancu worries current state of Section 101 ‘weakens the robustness of our IP system’

Director Iancu: "But for our purposes what I know for a fact is that in order to incentivize American innovation whether it’s artificial intelligence, DNA processing, …
By Gene Quinn
3 months ago 32

The PTAB Continues to Break Patent Promises to the Detriment of Inventors

Surviving inventors are incredibly rare. I have met dozens of inventors with incredible discoveries whose naïve belief in the patent system have cost them way more …
By Josh Malone & Steve Brachmann
3 months ago 54

An Exclusive Interview with USPTO Director Andrei Iancu

Director Iancu is knowingly and intentionally seeking to provide hope in the words he speaks because he believes a strong patent system is necessary for the U.…
By Gene Quinn
3 months ago 14

Mohawks appeal PTAB denial of Sovereign Immunity defense

The appellants are appealing from a series of inter partes review (IPR) proceedings at the Patent Trial and Appeal Board (PTAB) where the Board made the controversial …
By Steve Brachmann
3 months ago 3

PTO Proposes Rulemaking to Implement Phillips Claim Construction at PTAB

Earlier today the USPTO announced proposed rulemaking that would change the prior policy of using the Broadest Reasonable Interpretation (BRI) standard for construing unexpired and proposed amended …
By Gene Quinn
3 months ago 18

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