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 …
By Rebecca Tapscott
20 days ago 0

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 (…
By Rebecca Tapscott
22 days ago 48

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 …
By Christopher Loh
22 days ago 3

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 …
By IPWatchdog
26 days ago 0

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 …
By Jonathan Stroud
27 days ago 5

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 …
By Thomas Franklin
27 days ago 3

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 …
By Matteo Sabattini
30 days ago 6

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 …
By Eileen McDermott
1 month ago 9

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 …
By Jonathan Stroud
1 month ago 0

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 …
By Gene Quinn
1 month ago 17

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 …
By Eileen McDermott
1 month ago 12

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 …
By Nick Transier
1 month ago 11

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 …