Posts Tagged: USPTO
The Categorical Imperative for Innovation and Patenting
In his Categorical Imperative, Kant simplifies a moral argument position for an individual by asking a question: if you thought that your position or Statement would be …
Berkheimer, the Administrative Procedure Act, and PTO Motions to Vacate PTAB § 101 Decisions
After several years in which the U.S. Patent and Trademark Office (PTO) did not seem to have an official position on the issue, and many Patent …
Bittersweet Milestone: Ten Million Patents Issued in the US, but What Are They Worth?
Last month, the U.S. Patent Office issued patent number 10,000,000. This historic occasion calls for rethinking our patent system and the future of American innovation... It is …
Supreme Court Holds Patent Owners May Recover Lost Profits for Infringement Abroad
In WesternGeco LLC v. ION Geophysical Corp., the U.S. Supreme Court held that patent owners may recover lost foreign profits under §271(f)(2) when the infringing party …
Burden to Prove Patentability of Proposed Amended Claims Improperly Shifted to Patent Owner in IPR
The Federal Circuit found that substantial evidence supports the Board’s conclusion that a person of ordinary skill in the art would have been motivated to combine …
Federal Circuit Vacates TTAB’s Findings That ZERO Is Not Generic And Acquired Distinctiveness
In Royal Crown Co. v. Coca-Cola Co, the USPTO approved The Coca-Cola Company’s combination marks including the term ZERO, to be used on a variety of …
The Real IPR Gauntlet: What USPTO Statistics Don’t Show
87.2% of patents in the study, per the table, were subjected to just 1 or 2 IPR petitions – so gang tackling is no big deal. But make this simple observation: …
USPTO issues guidance on patent eligibility of method of treatment claims in light of Vanda Pharmaceuticals
On June 7, 2018, the USPTO issued new guidance to its examining corps in the form of a memorandum discussing the Federal Circuit’s April 13, 2018 decision in Vanda Pharmaceuticals …
Alternative Routes to Protection of Innovation
Every year different groups provide rankings of patent prosecution law firms and a company’s patent count for the year. Patent law firms will tout their rankings …
CAFC Vacates Board for Moving Target Rejections, Failure to Consider Reply Brief
The moving target rejections were largely due to the fact that the examiner's first clear explanation that she was relying on structural identity, and not inherency, appeared …
Patent Office asks Federal Circuit to Allow Board to Reconsider Eligibility Rejections
Yesterday I wrote about the United States Patent and Trademark Office filing a Director’s Unopposed Motion to Vacate and Remand in In re Intelligent Medical Objects, …
USPTO asks Federal Circuit to Vacate, Remand 101 Case to Board in Light of Berkheimer
Yesterday the United States Patent and Trademark Office (USPTO) filed a Director's Unopposed Motion to Vacate and Remand in In re Intelligent Medical Objects, Inc. After the …
Structural Bias at the PTAB: No Dissent Desired
This FOIA response confirms that dissents and concurring opinions are not desired by PTAB supervisors. In fact, Administrative Patent Judges (APJs) of the Patent Trial and Appeal …
Lofgren Supported Eliminating BRI Before She Was Against It
Congresswoman Lofgren seems quick to forget that she was one of the original co-sponsors of the Innovation Act when it was introduced into the House back in …
Predicting Future Patent Outcomes
In this article, I compute a “three-year grant rate” that shows the probability of obtaining a granted patent within three years of the first office action. This …
