Posts Tagged: patent office


Autopilot or Advocate? Raising the Bar in Ex Parte Appeals at the USPTO

Despite their best efforts, patent practitioners may reach an impasse during negotiations with patent examiners at the United States Patent and Trademark Office (USPTO). If an applicant …
By Carlo Cotrone
2 days ago 9

US Inventor Amicus in New Vision Gaming: ‘October Effect,’ Subjective APJ Evaluations Support Due Process Argument Against PTAB

On August 3, inventor advocacy group US Inventor filed an amicus brief with the U.S. Court of Appeals for the Federal Circuit in support of a due …
By Steve Brachmann
5 days ago 3

Patent Filings Roundup: U.S. Tractor Retailer Hit; TikTok Sued by Triller; IP Edge Entities Dominate District Court Filings

This week, district courts saw 91 new complaints, a large portion filed by IP Edge subsidiaries, such as Karetek Holdings, LLC; Guada Technologies; Tunnel IP, LLC; Altair Logix, …
By Jonathan Stroud
6 days ago 1

A Note to SCOTUS on Arthrex, Judicial Independence, Ethics and Expanded Panels at the PTAB

In Article 1, Section 8, Clause 8, of our Constitution, the founders were relatively specific. The founders give Congress power to secure “the exclusive Right" to “Authors and Inventors” in …
By Paul Hayes & Gene Quinn
7 days ago 14

A Look Inside Patent Processes at the USPTO: Effects of the Pandemic and Upcoming Changes

On Thursday, July 30, U.S. Patent and Trademark Office (USPTO) Commissioner for Patents Drew Hirshfeld and other USPTO staff updated attendees of IPWatchdog and LexisNexis’ webinar, “A …
By Eileen McDermott
9 days ago 2

A Guide to Arthrex: Activity Heats Up in Petitions Pending with Supreme Court

The Supreme Court is currently considering several pleas to review the holding in Arthrex v. Smith & Nephew I and Arthrex v. Smith & Nephew II in the form …
By IPWatchdog
9 days ago 0

Finding Fame in Brazil: Five Tips for Success When Requesting ‘High Renown’ Trademark Status

Since 2014, when a decision of the Brazilian Patent and Trademark Office came into force that held trademarks could obtain “high renown” status through a specially-created procedure, there …

Askeladden Brief Asks SCOTUS to Grant U.S. Government’s Petition to Reconsider Whether PTAB APJs Are Principal Officers Under the Appointments Clause

On July 29, Askeladden LLC filed an amicus brief in support of the U.S. Government’s combined petition for a writ of certiorari in U.S. v. …

Judge Dyk Departs from Majority’s Obviousness Analysis on Gaming Service Patent Claim

The Federal Circuit on Wednesday affirmed a decision of the Patent Trial and Appeal Board (PTAB) that found FanDuel had failed to prove that claim 6 of Interactive …
By Eileen McDermott
12 days ago 3

Patent Filings Round-up: Small Companies Challenge Landmark Lawsuits; Raft of Uniloc/Samsung settlements; Koss Goes After Headphone Market

There was a spike in Patent Trial and Appeal Board (PTAB) filings this week—almost double the average, at 56—driven in part by eight new petitions (adding …
By Jonathan Stroud
13 days ago 1

USPTO Report Cites Incremental Growth in the Number of Women Inventor-Patentees

This month, the United States Patent and Trademark Office (USPTO) released a report titled “Progress and Potential: 2020 update on U.S. women inventor- patentees” (the Report). The …
By Rebecca Tapscott
15 days ago 0

Perryman PTAB Study for Unified Patents Leaves Out Half of the Story

In late June, Unified Patents published the findings of an economic report conducted by consulting firm The Perryman Group on the supposed impacts of validity trials conducted …
By Steve Brachmann
15 days ago 15

Over O’Malley’s Dissent, CAFC Affirms PTAB View that IPR Claim Amendments Are Subject to Eligibility Analysis

On July 22, the United States Court of Appeals for the Federal Circuit (CAFC) affirmed a decision of the United States Patent and Trademark Office (USPTO) Patent Trial …
By Rebecca Tapscott
19 days ago 2

Patent Filings Roundup: Gig Economy Targeted, Takeda Defends ADHD Drug VYVANSE®, Snap’s Me-too Joinder Petitions Discretionarily Denied

It was a relatively light week in the district court compared with recent memory, with 56 new complaints filed; the Patent Trial and Appeal Board (PTAB) is holding …
By Jonathan Stroud
19 days ago 2

Patent Office Insights from Two Former Examiners

In the United States patent system, patent applications are handled by two separate, yet equally important, groups: the patent practitioners, who prepare and prosecute applications on behalf …
By Robert Lichter & Ryan Potts
21 days ago 55