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 …
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 …
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 …
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 …
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 …
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, …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
