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...
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...
by Stephen B. Maebius
Yesterday, the USPTO released a 113-page set of proposed changes to AIA post-grant proceedings, including IPR, PGR and CBM proceedings. The USPTO has been attempting to address concerns expressed by the public, having implemented...
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
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...
Public Comment Period Extended until November 18th
The USPTO published a request for comments in the Federal Register on August 25, 2015, seeking public comment on a proposed pilot program exploring an alternative approach to institution decisions...
by James A. Zak
As discussed in an earlier alert , the U.S. Patent and Trademark Office (USPTO) has been making efforts to train examiners on, clarify, and revise the issued 2014 Interim Guidance on Patent Subject Matter Eligibility . These efforts...
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...
Changes Clarify Expanded Panel Use & Single APJ Institution Decisions
As discussed on last week, recent informative decisions explain the PTAB process for designating expanded panels for AIA trials . To apply the expressed rational of these decisions...
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...
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...
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...
Court Finds Clear & Convincing Invalidity Despite Previous USPTO Review
The USPTO applies the preponderance of the evidence standard in post-grant patent proceedings to assess patentability relative to applied prior art. For at least this reason...
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...
Expected Changes to Patentee Preliminary Response Among Noteworthy Changes
The USPTO has now published its promised Patent Trial & Appeal Board (PTAB) Rule Package (advance copy here ). The proposed changes are largely expected given the d iscussion...