Posts Tagged: patent office


Getting a Patent: The Devastating Consequences of Not Naming All Inventors

Naming the correct inventors is critical when drafting a U.S. patent. Patents must have all inventors properly named. Deciding who is an inventor is a complicated …
By William Honaker
6 hours ago 0

Practice Tips Following USPTO Guidance on Applicant Admitted Prior Art

On August 18, 2020, the USPTO issued a guidance memorandum on the treatment of applicant statements in the challenged patent in inter partes review (IPR) proceedings under Section 311, which …
By Benedict Hanrahan
1 day ago 4

USPTO Appoints Mary Critharis Acting Chief Policy Officer and Director for International Affairs

Yesterday, the United States Patent and Trademark Office (USPTO) announced that Mary Critharis has been appointed as the USPTO’s Acting Chief Policy Officer and Director for …
By IPWatchdog
1 day ago 0

Federal Circuit Rejects St. Jude’s Challenge to Validity of Snyders’ Heart Valve Patent

On October 15, the United States Court of Appeals for the Federal Circuit (CAFC), in St. Jude Medical, LLC v. Snyders Heart Valve LLC, affirmed an inter partes …
By Rebecca Tapscott
2 days ago 0

Late-Filed Petitions Dismissed as Untimely by USPTO: No Apparent Rhyme nor Reason (Part III)

While researching the newly codified Manual of Patent Examination Procedure (MPEP) Section 706.07(b), we noticed some petitions filed more than two months after the final Office action …

Federal Circuit Affirms PTAB Finding that Immunex Antibody Patent is Obvious

The United States Court of Appeals for the Federal Circuit (CAFC) on Tuesday affirmed an invalidity decision of the U.S. Patent and Trademark Office’s Patent …
By Rebecca Tapscott
5 days ago 0

PTAB Precedential Decision Nomination Form Could Lead to More Controversial Decision-Making Outside of Informal Rulemaking

In late September, Bloomberg News reported that Scott Boalick, Chief Administrative Patent Judge (APJ) at the Patent Trial and Appeal Board (PTAB), announced the introduction of a …
By Steve Brachmann
6 days ago 3

Patent Stakeholders Weigh in on High Court Decision to Hear Arthrex

The United States Supreme Court has granted certiorari in three cases involving Arthrex, Inc. focusing on the question of whether the administrative patent judges (APJs) of the …
By Eileen McDermott
8 days ago 11

Getting A Patent: Who Should be Named as An Inventor?

Every time a patent application is filed, we have to ask, “Who are the inventors?” It is a simple question, but the answer can be complicated. And …
By William Honaker
9 days ago 5

Eagle Forum Event Focuses on IP, Antitrust Nexus

The 2019 USPTO-NIST-DOJ Joint Policy Statement on Standard-Essential Patents Subject to Voluntary RAND or FRAND (fair, reasonable and non-discriminatory) commitments “intended to solve [judicial] misinterpretation, and to encourage …
By James Edwards
11 days ago 0

Patent Filings Roundup: PTAB Filers Rush to Beat Fee Increase; IP Edge Files 48 Complaints; Petitions Denied Under Fintiv Despite No Trial Date

Filings at the Patent Trial and Appeal Board (PTAB) were almost triple last week’s, with parties racing to file before the more than $10,000 filing fee increase …
By Jonathan Stroud
13 days ago 2

A Brief Guide to Subsequent Patent Applications in the United States: Part I – The Foundation

Patent practitioners (hopefully) know that there are many types of patent applications and, at times, have filed a continuation, continuation-in-part, or divisional application. “Continuation practice” was the …
By Gary Maze & Jeffrey Wendt
13 days ago 12

Rently Makes Section 101 Bid to High Court

Consumer 2.0, Inc. d/b/a Rently has filed a petition with the U.S. Supreme Court asking it to review a U.S. Court of Appeals for …
By Eileen McDermott
15 days ago 19

Applying for a Patent in South Korea

s one of the world’s most vibrant markets, the number of patents granted in South Korea by the Korean Industrial Property Office (KIPO) has been steadily …
By John Harris & Jongseop Yun
15 days ago 0

Make Your Disclosures Meaningful: A Plea for Clarity in Patent Drafting

Legal writing has long attracted criticism. In Gulliver’s Travels, Jonathan Swift complained of lawyers’ “peculiar cant and jargon of their own, that no other mortal can …
By Trenton Morton
17 days ago 16