News & Analysis as of

Notice of Allowance

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Does the United States Patent Office Protect Unpublished Applications When Searching the Internet and Artificial Intelligence...

Short answer: Yes, but… Short answer: Yes, but… Many practitioners in sensitive technology areas file patent applications with non-publication requests or may abandon their applications if examination is not going well...more

Butler Snow LLP

New Utah NHL Team Takes Shot-Pass With Nine Intent-to-Use Trademark Applications

Butler Snow LLP on

Though the NHL Stanley Cup Playoffs are in full swing, a lot of off-ice activity is happening as a result of the sale of the Arizona Coyotes to Utah Jazz owners Ryan and Ashley Smith’s Smith Entertainment Group. Most hockey...more

Jones Day

Limitations Absent from a Notice of Allowability May be Material

Jones Day on

On August 24, 2023, USPTO Director Kathi Vidal vacated a PTAB decision denying institution of inter partes review in Keysight Technologies, Inc. v. Centripetal Networks, Inc. and remanded the case for further proceedings. ...more

Verrill

Federal Trademark Registration - Part 2

Verrill on

Is your trademark registered? Should you register it? Why should you register it? What do you have to do? What does the process look like? Can you do it yourself or do you need to hire an attorney? These are just a few of the...more

Mintz - Intellectual Property Viewpoints

USPTO’s New Deferred Subject Matter Eligibility Response Pilot Program

Recently, the U.S. Patent and Trademark Office (“USPTO”) published a notice informing the public that it will be implementing a pilot program (called the Deferred Subject Matter Eligibility Response Pilot Program, or the...more

Winstead PC

Court’s Order Ending Family Allowance To Decedent’s Wife Was Reversed Due To A Lack Of Notice To The Wife

Winstead PC on

In In re Estate of Clark, a trial court entered an order allowing a family allowance for the decedent’s wife. No. 02-20-00211-CV, 2021 Tex. App. LEXIS 5685 (Tex. App.—Fort Worth July 15, 2021, no pet. history)....more

Foley & Lardner LLP

Sequence Listing Errors Can Rob You Of Patent Term Adjustment

Foley & Lardner LLP on

Under current USPTO Patent Term Adjustment (PTA) rules, an Applicant can be charged a Patent Term Adjustment (PTA) deduction for “applicant delay” before examination commences if the application is not “ready for examination”...more

Mintz - Intellectual Property Viewpoints

Expediting Patent Prosecution After An Advisory Action

It can be difficult to advance prosecution of a U.S. patent application efficiently and effectively after prosecution has been closed and an Advisory Action has been mailed. Various U.S. Patent and Trademark Office (USPTO)...more

BakerHostetler

Promoting the Progress of Science: Avoiding Inherent Anticipation

BakerHostetler on

Congratulations! Your team has made a critical discovery based on its analysis of your company’s clinical data. You want to file a patent application so that your company can secure patent rights for that discovery. Simple,...more

McDonnell Boehnen Hulbert & Berghoff LLP

The Plot Thickens: Sigma Aldrich Has Allowed Claims

By Kevin E. Noonan -- For several years, Sigma Aldrich has been prosecuting several applications (including USSNs 15/188,911; 15/188,924; and 15/456,204) claiming CRISPR technology that (it alleged) would be deserving of an...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - September 2019 #3

PATENT CASE OF THE WEEK - Inspired Development Grp, LLC v. Inspired Products Grp., LLC, Appeal No. 2018-1616 (Fed. Cir. Sept. 18, 2019) - Our first patent case of the week is not, according to the Federal Circuit, a...more

Knobbe Martens

Subsequent Examination After RCE and Interference Proceeding Are Not PTO Delay

Knobbe Martens on

MAYO FOUNDATION FOR MEDICAL EDUCATION AND RESEARCH v. ANDREI IANCU, UNDER SECRETARY OF COMMERCE FOR INTELLECTUAL PROPERTY AND DIRECTOR OF THE UNITED STATES PATENT AND TRADEMARK OFFICE - Before: Newman, Lourie, and Dyk - ...more

Foley & Lardner LLP

RCE PTA Carve-Out Resumes After Interference

Foley & Lardner LLP on

In Mayo Foundation for Medical Education and Research v. Iancu, the Federal Circuit agreed with the USPTO’s Patent Term Adjustment (PTA) calculation that excluded prosecution that occurred after an interference was decided...more

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