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 (…
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 …
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 …
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. …
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). …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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. …
