Posts Tagged: patent office
Iancu: Boundaries of a patent should not depend on which forum reviews the patent
Director Iancu: 'For the sake of predictability and reliability, the boundaries of a patent should not depend on which forum happens to analyze it. People who want …
PTAB Seeks Comments on Proposed Changes to Motion to Amend Practice in AIA Trials
The United States Patent and Trademark Office (USPTO) has published a Request for Comments (RFC) about a proposed procedure for motions to amend filed in inter partes …
USPTO Director Iancu tells AIPLA annual meeting: ‘It is a new day at the PTAB’
"The amendment process should allow the patent owner a meaningful process to draft narrower claims," Iancu said after pointing out that the statute specifically allows for patent …
Supreme Court asked to apply Multiple Proceeding rule to end harassing validity challenges
The Multiple Proceedings rule has become the essence of uncertainty. What exactly does it mean? §325(d) gives the PTO Director the authority to refuse a petition when “…
Director Andrei Iancu lauds risk takers, calls patent troll narrative ‘Orwellian doublespeak’
Remarkably, in what I believe amounts to Orwellian “doublespeak," those who’ve been advancing the patent troll narrative argue that they do so because they are actually …
USPTO Publishes Final Rule Adopting Phillips Standard at PTAB
The United States Patent and Trademark Office (USPTO) has published a final rule in the Federal Register changing the claim construction standard applied during inter partes review (…
Patent Uncertainty: Real Ideas, Real People, Real Harm
Today, the patent system is a very fluid situation due to recent legislation and court decisions that have caused considerable uncertainty and legal maneuvering. As a first-time …
Service Starts § 315(b) Time-Bar Even If Complaint Involuntarily Dismissed Without Prejudice
In Bennett Regulator Guards, Inc. v. Atlanta Gas Light Co. the Federal Circuit ruled the time-bar for filing a petition for inter partes review in Section 315(b) …
Patent Office Extends After Final Consideration Pilot Program 2.0
Earlier today the United States Patent and Trademark Office (USPTO) announced that the After Final Consideration Pilot Program 2.0 (AFCP 2.0) would be extended until September 30, 2019. The goal of …
The Patent Bar Exam: Everything You Need to Know
The patent bar exam is a multiple-choice examination made up of 100 questions. You will be given 3 hours to complete the first 50 questions and another 3 hours to complete …
Patent Office Updates the Trial Practice Guide
The Patent Office has begun a planned series of updates to the Practice Guide, with the first such update having been released in August 2018. The August 2018 Practice …
USPTO Substantially Revises PTAB Standard Operating Procedures
Earlier today the USPTO announced the substantial revision of Standard Operating Procedures (“SOPs”) for the paneling of matters before the PTAB (SOP1) and precedential and informative decisions (…
Can I hold on long enough until the madness stops?
If someone told me when starting my career in 1976 that I would discover a process that has been beyond the reach of professionals and experts for over 62 …
Canary in a Coal Mine: Sovereign Measures to Shield Patents from PTAB Raise Great Concerns
Congress must remove any meaningful advantage from sovereign ownership of patents by revising USPTO post-grant procedures so outcomes are more aligned with adjudication in the federal courts. …
Dissecting Dissents for Ex Parte Appeals
Dissent is not the highest form of judgment for judges on the Patent Trial and Appeal Board (PTAB) of the United States Patent and Trademark Office (USPTO). …
