Posts Tagged: patent office


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 days ago 21

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
10 days 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 …

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
12 days 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
16 days ago 2

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
17 days ago 17

PTAB Reform: An Urgent Request on Behalf of Independent Inventors

What follows is a letter on the topic of PTAB reform that will be sent to USPTO Director Andrei Iancu on Monday, May 14, 2018. The letter seeks urgent …
By Josh Malone
18 days ago 26

USPTO to Update Patent Bar Exam in August 2018

"This is a mere change in form, not substance," according to John White, principle lecturer in the PLI patent bar review course. "The PTO will start testing …
By Gene Quinn
21 days ago 2

USPTO Ignores FOIA Requests on PTAB and PTAB Judges

It is difficult to understand why the USPTO will not respond to simple, direct FOIA requests. If they do not want to produce there are procedures for …
By Gene Quinn
1 month ago 21

PTAB challenges are a costly, uphill battle for patent owners

Often, a PTAB proceeding is threatened by an accused infringer to successfully settle the dispute with the patent owner. Often, no PTAB petition is ever filed. When …
By Rob Sterne
1 month ago 27

USPTO memo explains changed Alice Step 2B to examiners

Yesterday the USPTO issued subject matter eligibility guidance to its examining corps in a memorandum that changes how examiners approach their Alice Step 2B analysis. Specifically, the …
By John M. Rogitz
1 month ago 3

USPTO issues 101 guidance limiting examiner ability to merely conclude elements are well-known, convention or routine

The Notice is significant because in a 101 rejection, an examiner cannot simply assume that elements or a combination are "well understood, routine or conventional." Examiners will be …
By Gene Quinn
1 month ago 22

Are fewer continuations the sign of a healthy patent system?

Hirshfeld explained to me that he is well aware of all of the portfolio reasons why continuations are very important, but the Office does really want to …
By Gene Quinn
1 month ago 39

USPTO Director Iancu Makes Surprise Appearance at Inventor Conference

"We are focused on delivering reliable and predictable IP rights," Director Iancu told the Inventor Group Presidents gathered at the Patent Office as he addressed them to …
By Gene Quinn
1 month ago 16

Director Iancu speaks of Wright Brothers as champions of innovation, not villains

Here is what Director Iancu had to say about the Wright Brothers: "At my swearing-in, I remarked that through the doors of the U.S. Patent and …
By Gene Quinn
1 month ago 13