Posts Tagged: patent office
Booking.com Oral Arguments: Will Justices’ Skepticism of USPTO Arguments Trump Monopoly Concerns?
The U.S. Supreme Court heard oral arguments in United States Patent and Trademark Office, et al., v. Booking.com B.V., (Case No. 19-46) yesterday, in …
USPTO Shoots Down DABUS’ Bid For Inventorship
Last week, the United States Patent and Trademark Office (USPTO) issued a decision refusing to vacate a Notice of Missing Parts in U.S. Patent Application No.: 16/524,350 (…
PTAB Establishes Two-Part Framework for Denying Institution of IPRs Based on Previously Presented Art Or Argument
Earlier this year, the Patent Trial and Appeal Board (PTAB) established a two-part framework for applying 35 U.S.C. § 325(d), under which the PTAB may deny institution …
Federal Circuit Holds Banks to Be ‘Persons’ Under the America Invents Act
Recently, the Federal Circuit affirmed a decision of the Patent Trial and Appeal Board, holding that the Board correctly determined that the claims 21–24 of U.S. Patent …
USPTO Further Extends Certain Patent and Trademark Deadlines in Accordance with the CARES Act
On April 28, the United States Patent and Trademark Office (USPTO) issued official Patent and Trademark notices announcing that it will be further extending certain patent and trademark …
Patent Filings Roundup: ‘Something in the Water’ with Sharp Spike in District Court Filings
Is there something in the water this week? While Patent Trial and Appeal Board (PTAB) filings were up slightly (the spike due entirely to 14 new petitions from …
Patent Office Improves Open Data Access to File Wrappers
Last week, the USPTO announced a public release of the Patent Center beta that will eventually replace PAIR and EFS-Web while providing improved access to prosecution histories …
World IP Day and ‘The Sound of the Future’
Today, for the 20th year in a row, we celebrate World IP Day. Today also marks the 80th birthday (after mine, another notable quarantine birthday) of a …
A Look at the Data: USPTO Chief Economist Analyzes Effects of Section 101 Guidance on Predictability in New Report
The United States Patent and Trademark Office (USPTO) Chief Economist today released a report, “Adjusting to Alice: USPTO patent examination outcomes after Alice Corp v. CLS Bank …
Patent Filings Roundup: Patent Suits Hold Steady in the Downturn
The traditional wisdom—that patent suits rise and fall with the economy—seems backward. With some data forthcoming on that point, both during the last downturn and …
The Thryv Ruling Says the PTAB is Supreme—So Now Let’s Make it Fair
Yesterday, the United States Supreme Court ruled that the Director of the United States Patent and Trademark Office (USPTO), by and through his designees, the Patent Trial …
Supreme Court: PTAB Institution Decisions Cannot Be Appealed, Even on the Basis of Time-Bar Challenges
In an opinion authored by Justice Ginsburg, the Supreme Court ruled today that Section 314 (d) of the U.S. Patent Act, which bars judicial review of Patent …
Across Industries, the Female Inventor Rate is Half the Female Employment Rate
The Study of Underrepresented Classes Chasing Engineering and Science Success (SUCCESS) Act of 2018 directs the U.S. Patent and Trademark Office (USPTO) to study and report to …
A House Divided: Is the PTAB Ignoring the USPTO’s Section 101 Guidance?
The year 2019 was supposed to be when subject matter eligibility examination at the USPTO got better. First, the USPTO published Revised Patent Subject Matter Eligibility Guidance in …
What Happens at The Board Does Not Stay at The Board: How Patent Owners Can Leverage IPR Proceedings in Litigation
Inter Partes Review (IPR) proceedings before the Patent Trial and Appeal Board (PTAB) often occur in parallel to district court cases. Patent owners whose patent rights survive …
