Patent Applications United States Patent and Trademark Office

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An Illuminating Discussion About Design Patents

Design patents protect the aesthetic appearance of a product or portion of the product. The aesthetic appearance is affected by a number of things, including whether the product is illuminated. However, how does one capture...more

Blog: Who Owns What: Patent Assignment and Ownership

A patent is a government-granted property right that can be used to exclude others from making, using or selling an invention for a specified time (how long depends on the type of patent). Patents can provide important...more

Will the Federal Circuit Invalidate 13,500 Continuation Patents?

The Federal Circuit is set to hear oral arguments in Immersion Corp. v. HTC Corp. on May 6, 2016. According to the amicus brief filed on behalf of the United States, if the court affirms the district court decision “over...more

Federal Circuit Recognizes Limited Patent Agent Privilege

In In re Queen’s University At Kingston, a divided panel of the Federal Circuit recognized a limited “attorney”-client privilege for patent agents. The majority’s decision to recognize a patent agent privilege is based...more

Patent Seekers for Card Games Get Dealt a Bad Hand

The U.S. Patent Office has long granted patents on new card games, but the path for patenting card games was narrowed by a Federal Circuit ruling last Thursday. In In Re Smith, the Federal Circuit Court ruled that patent...more

What are the USPTO’s Patent Plans for Fiscal Year 2017?

The U.S. Patent and Trademark Office (USPTO) explains several patent prosecution trends, goals, and programs to justify proposed spending of its collected fees in its recently-issued Fiscal Year 2017 Congressional...more

Federal Circuit Holds (Some) Patent Agent-Client Communications Are Privileged

The United States Court of Appeals for the Federal Circuit held this week in In re Queen’s University that some communications between patent applicants and non-attorney patent agents are legally privileged, recognizing, for...more

USPTO News Briefs - March 2016

USPTO Seeks Sample Applications for eMod Project - The U.S. Patent and Trademark Office distributed a Patents Alert USPTO News e-mail last week requesting that stakeholders provide .docx sample applications for testing...more

USPTO Issues Performance and Accountability Report for FY 2015

The U.S. Patent and Trademark Office recently released its Performance and Accountability Report for Fiscal Year (FY) 2015. In describing the USPTO's strategic and performance-planning framework, the 2015 report begins by...more

New Examiner Training Materials on Patent Subject Matter Eligibility

In the wake of the Supreme Court’s Alice decision on patent subject matter eligibility, patent stakeholders have anticipated a reaction from the United States Patent and Trademark Office (USPTO) in regard to patent...more

Fighting Patent Application Rejections with Market Information: More Than Just “Nobody Else Sells This”

An inventor lament that every patent attorney eventually hears is, “I’m the only one selling this, so how can the Examiner think my idea is obvious?” The argument makes sense from an inventor standpoint. ...more

Pfizer, Inc. v. Lee (Fed. Cir. 2016)

Last month, in Pfizer, Inc. v. Lee, the Federal Circuit determined that the District Court for the Eastern District of Virginia did not err in granting summary judgment in favor of the U.S. Patent and Trademark Office on the...more

Blog: Utility Patents and Utility Patent Applications

If you’ve ever overheard water-cooler banter about patents, chances are it was about utility patents, the most common kind of patent issued by the United States Patent and Trademark Office (USPTO). What is a utility...more

Ask Permission, Not Forgiveness: PTAB Authorization Required Before Filing Anything With Patent Office, Even Before Trial Is...

To fix clerical or typographical errors, patent owners typically file a request for a certificate of correction with the U.S. Patent and Trademark Office (USPTO). However, during an inter partes review (IPR) proceeding, the...more

Pfizer v. Lee: A Patent Term Adjustment Double Standard?

In Pfizer v. Lee (No. 2015-1265, January 22, 2016), the Federal Circuit upheld the U.S. Patent and Trademark Office’s (USPTO) determination that the toll period for A-type patent term adjustment (PTA) delay stops upon the...more

Federal Circuit Holds a Defective Restriction Requirement Ends Patent Term Adjustment

In Pfizer v. Lee, the Court of Appeals for the Federal Circuit held that a “defective” restriction requirement was sufficient to stop the period of patent term adjustment granted when the U.S. Patent and Trademark Office...more

CRISPR Interference Declared

CRISPR (an acronym for Clustered Regularly lnterspaced Short Palindromic Repeats), which is part of a system for altering chromosomal sequences in situ in a cell in combination with a bacterially derived protein called Cas9,...more

Incomplete Restriction Requirement Stops Clock For Patent Term Adjustment

In Pfizer v. Lee, the Federal Circuit affirmed the decision of the U.S. District Court for the Eastern District of Virginia that upheld the USPTO’s Patent Term Adjustment (PTA) calculation that stopped the clock running...more

Blog: Using Continuation Applications Strategically

Continuation applications are wonderful tools for increasing the size and scope of your patent portfolio. With some careful planning, you can use continuation applications to turn your experience with the patent office and...more

GUEST POST: David Lisch on the Basics of Intellectual Property Law for Start-Ups (Part 2-Patents)

A patent protects “any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof” 35 U.S.C. § 101. Unlike trademarks, which protect a brand name and recognition, a...more

Claiming Software as a Product not as a Process

Software patent applications present pitfalls not present for other inventions, because software is intangible. To pass muster in the USPTO, software is best described as a process, one of the four categories of patent...more

Latest Options for Fast-Tracking Clean Technology Patent Applications

The grant of a patent can be delayed by years due to backlogs at patent offices around the world. However, recognizing the urgent need to address climate change, certain patent offices have established programs to expedite...more

Important Development in Patent Subject Matter Eligibility for Diagnostic Method Claims: Federal Circuit Denies Sequenom Petition...

On December 2, 2015, the U.S. Court of Appeals for the Federal Circuit issued an order denying a petition for rehearing en banc in the closely watched Sequenom case. Earlier this year, on appeal from the U.S. District Court...more

USPTO News Briefs - December 2015

USPTO and INPI Establish PPH Pilot Program - On November 23, the U.S. Patent and Trademark Office and Brazil's National Institute for Industrial Property (INPI) entered into a Memorandum of Understanding to establish a...more

USPTO Launches Dossier Access

The U.S. Patent and Trademark Office (USPTO) announced today that it had launched Dossier Access, the first of a set of business services to be developed as part of the Global Dossier Initiative. The Global Dossier...more

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