Posts Tagged: USPTO
PTAB challenges are a costly, uphill battle for patent owners
Often, a PTAB proceeding is threatened by an accused infringer to successfully settle the dispute with the patent owner. Often, no PTAB petition is ever filed. When …
USPTO memo explains changed Alice Step 2B to examiners
Yesterday the USPTO issued subject matter eligibility guidance to its examining corps in a memorandum that changes how examiners approach their Alice Step 2B analysis. Specifically, the …
USPTO issues 101 guidance limiting examiner ability to merely conclude elements are well-known, convention or routine
The Notice is significant because in a 101 rejection, an examiner cannot simply assume that elements or a combination are "well understood, routine or conventional." Examiners will be …
Are fewer continuations the sign of a healthy patent system?
Hirshfeld explained to me that he is well aware of all of the portfolio reasons why continuations are very important, but the Office does really want to …
Innovative Use of Patent Examiner Statistics Improves Efficiency and Strengthens Portfolios
We recently handled an application in which the examiner rejected the independent claims as obvious in view of six references from a variety of different fields. Submitting …
USPTO Director Andrei Iancu Discusses Patentability of Algorithms, PTAB Proceedings at Senate Judiciary Committee
Sen. Harris followed up by asking whether algorithms were mathematical representations of laws of nature. “You’re getting right to the heart of the issue,” Iancu said. …
USPTO Director Iancu Makes Surprise Appearance at Inventor Conference
"We are focused on delivering reliable and predictable IP rights," Director Iancu told the Inventor Group Presidents gathered at the Patent Office as he addressed them to …
Federal Circuit Allows USPTO to Defend Appeal from Inter Partes Reexamination
In Knowles Elecs. LLC v. Iancu, Knowles appealed the inter partes reexamination decision of the Board, which affirmed an examiner’s finding that certain claims were anticipated …
Director Iancu speaks of Wright Brothers as champions of innovation, not villains
Here is what Director Iancu had to say about the Wright Brothers: "At my swearing-in, I remarked that through the doors of the U.S. Patent and …
Iancu: ‘We will not continue down the same path’
“We are at an inflection point with respect to the patent system itself. As a nation we cannot continue down the same path if we want to …
Why Fewer Patent Applications are Being Filed
Over the next few years, the most interesting intellectual property trend to watch will be what happens with new patent applications. The number of utility patent applications …
Camp Invention Sparks Students’ Interest to Explore STEM
Camp Invention® introduces young innovators to invention and innovation in a way that makes them relatable and fun. In the new 2018 program, campers will design a vehicle …
Disbarred Patent Attorney Michael I. Kroll Still Practicing, No Comment from PTO
Despite being excluded from the practice of patent law before the USPTO, Kroll is openly continuing his practice. His website Invention.net is still up and running, …
USPTO Withdrawals Support for Telebrands at CAFC, Actively Considering PTAB Practice
Director Iancu is known to be engaging in something that might be called a listening tour, speaking with various interested parties and groups as he attempts to …
Mohawk Tribe wins stay from Federal Circuit in sovereign immunity fight
The Federal Circuit issued an Order staying further proceedings at the PTAB relating to the RESTASIS patents now owned by the Saint Regis Mohawk Tribe. The stay …
