Posts Tagged: USPTO


USPTO Shoots Down DABUS’ Bid For Inventorship

Last week, the United States Patent and Trademark Office (USPTO) issued a decision refusing to vacate a Notice of Missing Parts in U.S. Patent Application No.: 16/524,350 (…
By Rebecca Tapscott
24 days ago 49

PTAB Establishes Two-Part Framework for Denying Institution of IPRs Based on Previously Presented Art Or Argument

Earlier this year, the Patent Trial and Appeal Board (PTAB) established a two-part framework for applying 35 U.S.C. § 325(d), under which the PTAB may deny institution …
By Christopher Loh
24 days ago 3

Federal Circuit Holds Banks to Be ‘Persons’ Under the America Invents Act

Recently, the Federal Circuit affirmed a decision of the Patent Trial and Appeal Board, holding that the Board correctly determined that the claims 21–24 of U.S. Patent …

USPTO Further Extends Certain Patent and Trademark Deadlines in Accordance with the CARES Act

On April 28, the United States Patent and Trademark Office (USPTO) issued official Patent and Trademark notices announcing that it will be further extending certain patent and trademark …
By IPWatchdog
29 days ago 0

Patent Filings Roundup: ‘Something in the Water’ with Sharp Spike in District Court Filings

Is there something in the water this week? While Patent Trial and Appeal Board (PTAB) filings were up slightly (the spike due entirely to 14 new petitions from …
By Jonathan Stroud
29 days ago 5

Patent Office Improves Open Data Access to File Wrappers

Last week, the USPTO announced a public release of the Patent Center beta that will eventually replace PAIR and EFS-Web while providing improved access to prosecution histories …
By Thomas Franklin
29 days ago 3

A Look at the Data: USPTO Chief Economist Analyzes Effects of Section 101 Guidance on Predictability in New Report

The United States Patent and Trademark Office (USPTO) Chief Economist today released a report, “Adjusting to Alice: USPTO patent examination outcomes after Alice Corp v. CLS Bank …
By Eileen McDermott
1 month ago 9

Justice Gorsuch Champions Patent Rights in Recent Dissent

In an energetic dissent in Thryv, Inc. v. Click-to-Call Tech., LP, 590 U.S. __ (Apr. 20, 2020), U.S. Supreme Court Justice Neil Gorsuch provides a compelling defense of patent …

Patent Filings Roundup: Patent Suits Hold Steady in the Downturn

The traditional wisdom—that patent suits rise and fall with the economy—seems backward. With some data forthcoming on that point, both during the last downturn and …
By Jonathan Stroud
1 month ago 0

The Thryv Ruling Says the PTAB is Supreme—So Now Let’s Make it Fair

Yesterday, the United States Supreme Court ruled that the Director of the United States Patent and Trademark Office (USPTO), by and through his designees, the Patent Trial …
By Gene Quinn
1 month ago 17

Commenters Weigh in On Implications of High Court Ruling in Thryv v. Click-to-Call

Yesterday’s Supreme Court decision in Thryv, Inc. v. Click-to-Call Technologies was in some ways unsurprising, but has generated buzz among the patent community all the same. …
By IPWatchdog
1 month ago 2

Supreme Court: PTAB Institution Decisions Cannot Be Appealed, Even on the Basis of Time-Bar Challenges

In an opinion authored by Justice Ginsburg, the Supreme Court ruled today that Section 314 (d) of the U.S. Patent Act, which bars judicial review of Patent …
By Eileen McDermott
1 month ago 12

Across Industries, the Female Inventor Rate is Half the Female Employment Rate

The Study of Underrepresented Classes Chasing Engineering and Science Success (SUCCESS) Act of 2018 directs the U.S. Patent and Trademark Office (USPTO) to study and report to …

CAFC Affirms District Court Denial of Attorney Fees Where There Was No Final Court Decision

In O.F. Mossberg & Sons, Inc. v. Timney Triggers, LLC, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed a district court decision that …
By Rebecca Tapscott
1 month ago 0

Patent Filings Roundup: Brine Battles, Enforcing the ‘One-Petition Rule’ and Matchmaker Patent Suits

District court patent filings are again high this week—73 new complaints filed (just a few shy of last week), but Patent Trial and Appeal Board (PTAB) cases …
By Jonathan Stroud
1 month ago 3