A Summer Bunfight: USPTO First Action Interview Program Plus Two New Numbers by The Supremes


Since 2009, the USPTO has conducted the Enhanced First Action Interview Pilot Program (EFAIPP). Participants in the program receive a Pre-Interview Communication including a search report, and then subsequently can conduct an interview with the Examiner in an effort to quickly pass the case to issue. Under the EFAIPP, participation was limited to certain examining groups. On May 6, 2011, the USPTO launched the Full First Action Interview Pilot Program, which will continue at least until May 16, 2012.

The U.S. Supreme Court has also been unusually active in patent law recently, and in this article we will discuss two recent decisions. The first is Global-Tech Appliances, Inc., et al., v. SEB S.A.,1 which deals with issues of induced infringement. The second is Microsoft Corp. v. i4i Ltd. Partnership et al.,2 which considers the burden of proof that a defendant carries when alleging invalidity as a defense to a claim of infringement.

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