LexisNexis® Legal Newsroom
NTP’s Last Stand: The Remnants of Patent Reexamination

As we detailed previously, the NTP patent portfolio has been eviscerated in patent reexamination with over 2200 claims rejected across 8 patents. All 8 patents are now on appeal to the CAFC, based on my reading of the rejections, it appears unlikely that NTP will be successful in reversing the applied...

USPTO Issues Update to KSR Examination Guidelines

From the U.S. Patent and Trademark Office : Guidelines include additional examples in response to stakeholder feedback Washington - The United States Patent and Trademark Office (USPTO) is providing an update to its examination guidelines concerning the law of obviousness under 35 U.S.C. 103...

Brinks Hofer Gilson & Lione: Prioritized Examination Under Leahy-Smith

The America Invents Act, signed into law on September 16, 2011, finally established funding for the U.S. Patent and Trademark Office's (USPTO) "Track One" prioritized patent examination procedure that was announced in May 2011. With the AIA funding, the Track One procedure has been available...

Fitch, Even, Tabin & Flannery LLP: Presumption of Enablement Extended to Prior Non-Patent Publications

By Kendrew H. Colton On July 27, 2012, in In re Antor Media Corporation , the Federal Circuit held in a case of apparent first impression that a prior printed publication cited as prior art by a patent examiner is presumptively enabling, absent any showing to the contrary by a patent applicant or...

Fitch Even IP Alert: USPTO Initiates Incentives for Examiners to Reduce RCE Backlog

by Eggerton A. Campbell On 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...