The USPTO still is considering information gathered during its RCE Outreach program, but it has made some internal changes that should lead to more prompt examination after a Request for Examination (RCE) is filed....more
5/9/2013
- Request for Examination USPTO
In In re Morsa, the Federal Circuit reversed an anticipation rejection where the applicant had challenged the enabling quality of the cited prior art reference, even though the applicant had not submitted evidence in support...more
4/19/2013
- Enablement Inquiries Patent Applications Prior Art USPTO
On April 1, 2013, the USPTO published an “interim final rule” relating to Patent Term Adjustment (PTA), to implement changes to the PTA statute embodied in the AIA Technical Corrections Act. Although the rule changes have an...more
4/2/2013
- America Invents Act Patent Term Adjustment Patents USPTO
Next week (February 4, 2013) is the deadline for submitting comments in response to the USPTO’s request for feedback on Request for Continued Examination (RCE) practice. (This article provides more information on the request...more
1/31/2013
- Filing Fees Patents Request for Continued Examination USPTO
A number of Patent Term Adjustment (PTA) cases have been filed in the U.S. District Court for the Eastern District of Virginia since the November 1, 2012 decision in Exelixis, Inc. v. Kappos. While most have presented...more
1/24/2013
- Exelixis Patent Term Adjustment Patents USPTO
As of today, we are two months from March 15, 2013–the last day to secure an effective filing date under the current “first to invent” patent system. While we still are waiting for the USPTO to publish its final rules...more
1/15/2013
- America Invents Act First-to-File Patents USPTO
The USPTO has published “Tips for Filing a Compliant Supplemental Examination Request” on its AIA Implementation Web page. According to the notice, the USPTO has received six requests for Supplemental Examination, but...more
12/31/2012
- America Invents Act Patents Supplemental Examination USPTO
The USPTO is seeking public comments on Request for Continued Examination (RCE) practice. In particular, the USPTO is “soliciting public feedback in an effort to better understand the full spectrum of factors that impact the...more
12/13/2012
- Patents Request for Continued Examination USPTO
In another significant Patent Term Adjustment (PTA) case decided last week (Novartis AG v. Kappos, Civ. Action No. 10-cv-1138 (Nov. 15, 2012)), the U.S. District Court for the District of Columbia found that Novartis could...more
11/20/2012
- Patents Tolling USPTO