The U.S. patent system is among the
most effective in the world, measured in terms of both its geographic and
economic scope and the varieties of the technologies protected. Critical to the
continued effectiveness of the system is a well-functioning U.S. Patent &
Trademark Office (USPTO). However...
By Tracy Stewart DeMarco and James Paul Williamson
The United States Patent and Trademark Office ("USPTO") recently issued a request for comments concerning perceived overreaching trademark litigation tactics that may harm small businesses. The USPTO promulgated this request as part of a...
USPTO Relies on Case Law Predating Interrogatory Power of 37 CFR 1.105
As discussed previously, it is not uncommon for Patentees to introduce evidence of secondary indicia of non-obviousness when faced with an obviousness rejection. To be considered persuasive, the examiner must be able to identify...
Change on the Horizon for 2011
With 2010 coming to a close, we can look back and see many positive changes at the USPTO. Ex parte and inter partes appeal brief processing has been streamlined, new user friendly BPAI appeal rules are proposed, new pilot programs are being introduced , and the pendency...
Crucial Funding Necessary to Implement America Invents Act
The "minibus" spending bill (H.R.
2112) passed by the House and Senate late Thursday was signed into law by
President Obama last Friday. The bill temporarily solves USPTO's funding
problems through September 30, 2012 (end...
UPDATE of Dec. 16 alert: The U.S. Patent and Trademark Office (USPTO) has introduced a new system for viewing the status and documents of trademark applications and registrations. The new system, known as the Trademark Status and Document Retrieval System ("TSDR"), can now be publicly accessed...
Reexamination Certificate Printing Process Streamlined
A patent reexamination proceeding is terminated by the USPTO upon issuance of a Notice of Intent to issue a Reexamination Certificate (NIRC). Thereafter, the proceeding formally concludes with the issuance of the actual reexamination certificate...
On March 25, 2013, the U.S. Patent and Trademark Office
(USPTO) published a rule to implement the changes to the inter partes review
procedures that were signed into law on January 14, 2013. The new rule
eliminates the nine-month waiting period for filing an inter...
April 1, 2013, Deputy Commissioner Faile sent an email
message to all U. S. Patent and Trademark Office (USPTO) patent examiners
regarding a Memorandum
of Understanding (MOU) between the Patent Office Professional Association
(POPA), the union that represents patent...
Final USPTO Initiative Retooled
Some pre-grant news of note this week. Last Friday the
USPTO announced the After Final Consideration Pilot Program 2.0 (Federal
Register Notice here ).
The revised pilot program modifies the initial concept by introducing a patent
examiner feedback component...
As the USPTO fiscal year comes to an end on September 30, I thought this would be a good time to review the USPTO backlog statistics. The currently available data reflects the backlogs as of the start of August 2013, and reveals a decrease in the backlog of unexamined applications, a slight decrease...
USPTO Operations Unaffected by Government Shutdown….For Now
With many government agencies shutting down all but the most essential operations today, including the International Trade Commission (ITC), the USPTO remains open. With roughly 4 weeks of funding available, the USPTO expects to maintain...