Posts Tagged: USPTO


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 (…
By Gene Quinn
19 hours ago 6

Could Have, Should Have, Would Have

It is irresponsible for adults to give children who fail to complete their work credit based on the excuse that the children could have, should have, would …
By David Wanetick
4 days ago 34

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 …
By Jeffrey Killian
8 days ago 33

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. …
By Gene Quinn
10 days ago 38

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).  …
By Eli Mazour & Sora Ko
11 days ago 8

PTAB Brass steps into IPR to decide Apple motion for sanctions

On August 22nd, an order was entered in the inter partes review (IPR) proceedings currently ongoing between between VoIP-Pal and Cupertino, CA-based consumer device giant Apple Inc. …

Exclusive Interview: PTO Director Andrei Iancu and OED Director Will Covey on Practitioner Dues, CLE and Unauthorized Practice

The focus of this interview was OED generally, but more specifically why they Office felt it was necessary to begin charging annual dues to practitioners and what …
By Gene Quinn
17 days ago 11

Investing in Inventing: A Patent Process Primer for Startups

The patent process is long and complex, but well worth the effort if it means protecting your invention and your new company. Key decisions made along the …
By Trevor Day & Neil Ferraro
27 days ago 7

Without even a modicum of transparency, PTAB doesn’t deserve benefit of the doubt

The American system of justice is built upon transparency. Transparency is mandatory for there to be a truly fair, balanced, open, honest and equal system where no …
By Gene Quinn
30 days ago 25

Parlor Tricks and Shell Games: How the Invisible Hand of the PTAB Supports Challengers

After dissenting APJ James Arpin was mysteriously and without explanation removed from the case, replaced by APJ Thomas Giannetti. Perhaps there is an innocent explanation for what …
By Gene Quinn
1 month ago 79

Narrowly Construing the Bright-line Eligibility Prohibition Does Not Prevent Policing of Overbroad Claiming

Narrowly construing the § 101 eligibility exception for abstract ideas is not only suggested by Supreme Court guidance, but also could potentially allow for increased coherence and consistency while …
By Jeremy Doerre
1 month ago 15

Will the USPTO use annual patent practitioner dues to stop the unauthorized practice of law?

It is no secret to anyone in the industry; the unauthorized practice of law is rampant, and OED does nothing to stop it... If charging dues to …
By Gene Quinn
1 month ago 20

Misapplication of Obviousness: What the MPEP gets wrong about obviousness rejections

MPEP 2141 actually cites to Arendi, but then quotes the case entirely out of context. This is a worrisome problem that can be found in many parts of …
By Gene Quinn
1 month ago 18

The Implicit Exception to § 101 for Abstract Ideas Should Be Narrowly Construed

There is an alternative route is available to stay true to Supreme Court eligibility jurisprudence: Apply the Supreme Court’s standard approach of narrowly construing statutory exceptions …
By Jeremy Doerre
1 month ago 33

Disparaging, Immoral, and Scandalous Trademarks Since Matal v. Tam

A little more than one year ago, the U.S. Supreme Court struck down the Lanham Act’s disparagement clause as unconstitutional in Matal v. Tam, 137 S. …
By Brian Iverson
1 month ago 1

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