Posts Tagged: USPTO


Judge Paul Michel presents supplemental testimony on PTAB reforms to the House IP subcommittee

To fix the current incarnation of the U.S. patent system and reinvigorate the American economy, Judge Michel called upon the House IP subcommittee to adopt seven …
By Steve Brachmann
16 hours ago 11

Trump nominates financial services inventor Margaret Weichert to serve as OMB’s deputy director of management

Margaret Weichert, Trump’s selection for deputy director of management at the OMB, is an inventor who has received “14 successful U.S. patents,” an indication that someone …
By Steve Brachmann
20 hours ago 0

Raid on Gibraltar: How the U.S. Patent System was Rigged Against Independent Inventors

The numbers are stark. As recently as 1990, individual inventors were granted 17 percent of all patents. By 2000, they received 12 percent and only 6.8 percent in 2010. In 2015, individual inventors were …
By Pat Choate & Joan Maginnis
3 days ago 17

Five Years after the AIA Created the PTAB

I want to believe Congress ultimately sought to strengthen the U.S. patent system with the AIA by providing a mechanism to more easily remove a small …
By Russell Slifer
4 days ago 12

Executives for America’s tech giants refuse to come to Congress to testify on net neutrality

The Facebooks, Googles and Netflixes of the world, edge providers that provide Internet services via websites but not an Internet connection like ISPs offer, have every reason …
By Steve Brachmann
4 days ago 2

The PTAB’s dramatic effect on patent value and corresponding disincentives to capital allocation

Whether one celebrates or decries the PTAB, there can be little doubt that it has worked a profound effect on the value of American patents—and, concomitantly, …
By Ashley Keller
5 days ago 26

USPTO Update from John Cabeca, Silicon Valley Director

One area the Office is reviewing is in the area of Examiner Time Analysis. The Office hasn’t changed the classification of applications (i.e., complex versus …
By Gene Quinn
6 days ago 4

The Increasingly Powerful PTAB: Underutilized Precedential Designations Undermines Efficiency and Consistency

The PTO has increased the number of Board decisions as being precedential (so as to serve as a binding authority) by 36% within the last two years. With …

How the New USPTO Director Can Impact Patent Subject Matter Eligibility and Post-Patent Grant Challenge Proceedings

As the challenge proceedings and the Patent Trial and Appeal Board mark their fifth anniversary, we should reflect on whether they have achieved their intended purpose. About …
By Manny Schecter
7 days ago 3

Patent owners negatively impacted by PTAB file amicus brief with SCOTUS in support of Oil States

A few dozen amici briefs have been filed in the case, including one filed on August 30th by 39 patent owners affected by PTAB activities in support of …
By Steve Brachmann
7 days ago 3

Mylan calls Allergan’s patent deal with Indian tribe a “sham” transaction in PTAB hearing on sovereign immunity defense

The tribe is raising a sovereign immunity defense in the case as the tribe is a sovereign entity which is not amenable to a suit unless it …
By Steve Brachmann
7 days ago 12

Lessons from Five Years of PTAB Trials

As we mark the fifth anniversary of the effective date of Patent Trial and Appeal Board trials on September 16, we find that the early years of the …
By Jennifer Bush
8 days ago 40

The only solution for the transgressions of the PTAB is to disband this runaway tribunal

Hiring senior associates to be Administrative Patent Judges was a mistake, hiring so many senior associates from the same firm was an even bigger mistake. Making it …
By Gene Quinn
9 days ago 51

Trademark a Band Name: What’s in a Rock Band’s Name?

While it is possible to copyright the design of a band logo, the band name itself is not copyrightable (see here and here). Band names are protectable …
By Amanda G. Ciccatelli
10 days ago 0

PTAB fails to decide IPR within 1-year statutory deadline

According to 35 U.S.C. § 316(a)(11), the PTAB is required to issue a final determination in an inter partes review not later than 1-year after the date …
By Gene Quinn
13 days ago 12