Intellectual Property

Recent Posts

Brinks Hofer Gilson & Lione: United States Patent and Trademark Office Curtails Activities as Part of Recently Announced Spending Cuts
Posted on 25 Apr 2011 by Brinks Hofer Gilson & Lione

In view of the funding cuts reflected in the final Fiscal Year 2011 budget that was signed by the President on April 15, 2011, United States Patent and Trademark Office (USPTO) Director Kappos, in a memo to the examination corps, explained the extent... Read More

Patents Post-Grant: Paul Allen's Infringement Campaign Halted by Patent Reexamination
Posted on 23 Jun 2011 by Scott A. McKeown

Interval Licensing Litigation Stayed Pending Patent Reexamination Former Microsoft founder Paul Allen has made headlines recently by asserting the patents of his company, Interval Licensing against the 11 industry stalwarts (Apple, Google, Facebook... Read More

Patents Post-Grant: When to Petition/Appeal at the USPTO?
Posted on 4 Nov 2011 by Scott A. McKeown

Proper Petition Practice Especially Critical in Patent Reexamination In most cases, the distinction between appealable vs. petitionable issues at the USPTO is quite clear. For example, if you believe that a patent examiner has prematurely entered... Read More

Patent Reexamination Pilot Program Update
Posted on 10 Jan 2011 by Scott A. McKeown

Patentees Frustrate USPTO Efforts to Reduce Ex Parte Reexamination Pendency As discussed in previous posts, in August of 2010 the USPTO announced a pilot program, aimed at reducing the pendency of ex parte patent reexamination by 3-5 months. The... Read More

LaFrance on District Court Review of PTO Decisions: A Preview of Kappos v. Hyatt, cert. granted, 131 S.Ct. 3064 (June 27, 2011)
Posted on 7 Nov 2011 by Mary LaFrance

In the upcoming case of Kappos v. Hyatt , the Supreme Court has the opportunity to clarify the nature of the judicial fact-finding which should take place when a disappointed patent applicant initiates a civil action in federal district court to establish... Read More

U.S. Patent and Trademark Office To Implement New Patent Quality Process
Posted on 12 Sep 2012 by LexisNexis Patent Community Staff

From the USPTO : Derivation Proceeding Ensures Inventors Obtain Patents for their Inventions Washington - The U.S. Department of Commerce's U.S. Patent and Trademark Office (USPTO) announced today [Sept. 10th] that it is creating a new... Read More

Improving the Effectiveness of the U.S.P.T.O: Recommendations for Reform
Posted on 22 Mar 2010 by Gerald J. Mossinghoff and Stephen G. Kunin

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... Read More

USPTO 2010 Performance and Accountability Report
Posted on 5 Dec 2010 by LexisNexis Patent Community Staff

The USPTO Performance and Accountability Report for FY 2010 provides a comprehensive summary of program and financial results and is structured to help the President, the Congress, and the American public assess our performance relative to our mission... Read More

Fitch, Even, Tabin & Flannery LLP: Supreme Court Hears Oral Argument in Kappos v. Hyatt
Posted on 23 Jan 2012 by Fitch, Even, Tabin & Flannery

By Kendrew H. Colton On January 9, 2012, the U.S. Supreme Court heard oral argument in Kappos v. Hyatt . The Hyatt case is important for those who prosecute patent applications before the U.S. Patent and Trademark Office (USPTO), and especially... Read More

President Barack Obama’s 2012 Budget; Temporary Surcharge on Patent Fees
Posted on 18 Feb 2011 by LexisNexis Patent Community Staff

In case you missed it, from President Barack Obama's 2012 budget : In addi­tion, the Administration proposes to reform the patent system to accelerate innovation and pro­vide greater certainty to businesses. The Budget proposes to give... Read More

Foley & Lardner LLP: USPTO to Offer Fee-Based Prioritized Examination (Track I) May 4, 2011
Posted on 17 Apr 2011 by Foley & Lardner LLP

By Courtenay C. Brinckerhoff On April 4, 2011, the USPTO announced the implementation of fee-based prioritized examination, also known as "Track I" of its three tracks of examination options proposed in June 2010. See 76 Fed. Reg. 18399... Read More

USPTO Reorganizes Operational Structure to More Effectively Achieve Goals set out in 2010-2015 Strategic Plan
Posted on 5 Oct 2010 by LexisNexis Patent Community Staff

From the United States Patent and Trademark Office : Creates new Office of the Chief Communications Officer and Office of Equal Employment Opportunity and Diversity reporting to the Under Secretary and Director Patent and Trademark Appeal Boards... Read More

Brinks Hofer Gilson & Lione: United States Patent and Trademark Office Curtails Activities as Part of Recently Announced Spending Cuts
Posted on 25 Apr 2011 by Brinks Hofer Gilson & Lione

In view of the funding cuts reflected in the final Fiscal Year 2011 budget that was signed by the President on April 15, 2011, United States Patent and Trademark Office (USPTO) Director Kappos, in a memo to the examination corps, explained the extent... Read More

Patents Post-Grant: PTO Scolded for Lax Patent Reexamination Practices
Posted on 13 Feb 2013 by Scott A. McKeown

Failure to Focus Means Plus Function Debate in Patent Reexamination Last week [Jan. 8th] in In re Avid Identification Systems Inc . [ enhanced version available to lexis.com subscribers ], the CAFC affirmed the USPTO's rejection of certain claims... Read More

President Obama Signs Bill to Provide USPTO Authority to Spend an Additional $129 Million of FY 2010 Fee Collections
Posted on 13 Aug 2010 by LexisNexis Patent Community Staff

Washington - On Tuesday, August 10, President Barack Obama signed into law P.L. 111-224 that gives the United States Patent and Trademark Office (USPTO) the authority to spend an additional $129 million of the fees the agency will collect in Fiscal... Read More