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Patent Reform

McDermott Will & Emery

PTO Reopens Comment Period for AI Inventorship Guidance

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The US Patent & Trademark Office (PTO) reopened and extended until June 20, 2024, the period for public comment on the guidance regarding inventorship in applications involving artificial intelligence (AI) assisted...more

McDermott Will & Emery

PTO Issues Guidance, Request for Comment on AI Inventorship

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On February 13, 2024, the US Patent & Trademark Office (PTO) issued a notice with examination guidance and request for comment regarding inventorship in applications involving artificial intelligence (AI)-assisted inventions....more

Holland & Knight LLP

Top Section 101 Patent Eligibility Stories of 2023

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Fire up some hot cocoa, turn up the Perry Como Christmas album and settle in to read this year's Top Section 101 Patent Eligibility Stories. But, as always, this season is about gathering with family and friends, watching...more

Haug Partners LLP

The Many Flavors of Inter Partes Review Estoppel: A Review and Update

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I. Introduction - The Leahy-Smith America Invents Act (“AIA”) was years in the making.  From the first patent reform bill introduced by Representative Lamar Smith in June 20052 until the final House and Senate debates in...more

Kilpatrick

5 Key Takeaways | How to Effectively Leverage the Chinese Patent System

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Kilpatrick Townsend recently held its semi-annual KTIPS (Kilpatrick Townsend Intellectual Property Seminar) in California. Firm attorneys led two days of interactive discussions with clients on the latest developments in...more

Venable LLP

PREVAIL Act Reforms at the PTAB

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The Act’s Objectives - USPTO data indicate that as many as 80% of instituted Patent Trial and Appeal Board (PTAB) proceedings that reach a final written decision (FWD) result in the invalidation of at least one challenged...more

Holland & Knight LLP

Section 101 Patent Eligibility: A Quick News Roundup

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It's been a while since our last blog post, so let's do a quick roundup. In early April, the Solicitor General recommended that the U.S. Supreme Court hear two patent eligibility cases: 1) Interactive Wearables v. Polar...more

Holland & Knight LLP

Rep. Issa Named Chairman of IP Subcommittee: An End for Section 101 Reform?

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We have extensively covered the efforts of Sen. Thom Tillis (R-N.C.) and others to reform Section 101 of the Patent Act, from draft bills to congressional hearings. And after the U.S. Supreme Court said "thanks, but no...more

McDonnell Boehnen Hulbert & Berghoff LLP

Senator Tillis' Patent Eligibility Reform Proposal: A Biopharma Perspective

Senator Thom Tillis (R-NC) introduced S. 4734, entitled "A Bill to amend Title 35, U.S. Code, to address matters relating to patent subject matter eligibility, and for other purposes" last night, as was discussed in an...more

McDonnell Boehnen Hulbert & Berghoff LLP

Senator Tillis Proposes Patent Eligibility Reform (Again)

Republican Senator Thom Tillis of North Carolina has released a new proposal to reform the text of 35 U.S.C. § 101.  The Senator's last effort in doing so died on the vine in 2019, purportedly due to stakeholders being too...more

Jones Day

Fee-Less Opt-Out for European Patents from the UPC

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The previously contemplated fee for opting out of "classical" European patents from the Unified Patent Court ("UPC") system has been abolished by the UPC Preparatory Committee. The UPC Case Management System will also allow...more

Fenwick & West LLP

Qualifications for Claiming Small or Micro Entity Status

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The U.S. Patent & Trademark Office (USPTO) allows certain qualifying entities to receive discounts on various patent fees by identifying themselves as a “small entity ” or a “micro entity.” Below, we outline the requirements...more

McDonnell Boehnen Hulbert & Berghoff LLP

Before You Complain About So-Called Bad Patents, Read This

This weekend The New York Times published an editorial opinion entitled "Save America's Patent System."  It bemoans the purported prevalence of "bad patents" -- including "uninspiring tweaks" to existing products -- that...more

McDonnell Boehnen Hulbert & Berghoff LLP

Faux-Populist Patent Fantasies from The New York Times

On a spring Saturday in a year when three major holidays -- Easter, Passover, and Ramadan -- coincided or overlapped, The New York Times Editorial Board decided it was time to announce that the "United States Patent and...more

McDonnell Boehnen Hulbert & Berghoff LLP

Congressional Republicans Propose to Abolish America Invents Act (and a Bit More)

It being the holiday season in America, it is perhaps appropriate that patent traditionalists get something more than coal in their stocking from Representatives Massie (R-KY), Gohmert (R-TX), Gosar (R-AZ), and McClintock...more

Morgan Lewis

Supplemental Examination

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Supplemental examination may be requested by a patent owner in order to have the US Patent and Trademark Office (USPTO) consider, reconsider, or correct information that the patent owner believes is relevant to the patent. ...more

Holland & Knight LLP

USPTO Director Iancu Calls for Section 101 Patent Eligibility Reform in Farewell Speech

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U.S. Patent and Trademark Office (USPTO) Director Andrei Iancu recently resigned his position with the USPTO and delivered his farewell speech at a U.S. Chamber of Commerce event on Jan. 19, 2021. In the speech, Iancu...more

Jones Day

PTAB Touts Soaring MTA Pilot Program

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On December 3, 2020, the Patent Trial and Appeal Board (“PTAB”) released data regarding the usage and success rates of its Motion to Amend (“MTA”) Pilot Program (“Pilot”). All PTAB cases instituted on or after March 15, 2019,...more

Womble Bond Dickinson

China Announces Long-Awaited—and Significant—Updates to Intellectual Property Protections

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For months, global patent practitioners have been expecting China to announce sweeping, significant changes to the nation’s system of intellectual property laws—and they were not disappointed. On Oct. 17, the Standing...more

Bennett Jones LLP

Stay Here or There? Recent Direction from the Québec Court of Appeal on Stays in Proposed Parallel Class

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The Québec Court of Appeal recently released a decision in Micron Technology Inc. c Hazan, 2020 QCCA 1104, that could have important implications for defendants seeking to have proposed class proceedings in Québec courts...more

Jones Day

PTAB Releases Update to Motion to Amend Study

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The Patent Trial and Appeal Board (PTAB) has published the sixth installment of its Motion to Amend Study. The study tracks and analyzes all motions to amend filed in America Invents Act trials, including pilot motions,...more

McDermott Will & Emery

Senator Tillis Urges USPTO to Adopt Patent Reform Proposals

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On August 10, 2020, Senator Thom Tillis of North Carolina urged the Director of the United States Patent and Trademark Office (USPTO), Andrei Iancu, to adopt two patent reform proposals suggested by Lisa Larrimore Ouellete...more

McDonnell Boehnen Hulbert & Berghoff LLP

A Step-by-Step Approach to Patent Subject Matter Eligibility Reform

There is a belief in some quarters that the most significant barrier to patent subject matter eligibility reform is an implacable opposition by companies in the high tech sector because those companies are convinced that the...more

McDonnell Boehnen Hulbert & Berghoff LLP

The Zombie Apocalypse of Patent Eligibility Reform and a Possible Escape Route

The hopes of anyone in favor of patent reform targeting 35 U.S.C § 101 have been official dashed -- or at least put on hold.  In an interview with the Intellectual Property Owner's association (IPO) last week, Senator Thom...more

Holland & Knight LLP

The Three Biggest Section 101 Stories of 2019

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Jalen Rose often says that you got to give the people what they want, and it’s important to listen to Jalen. So here’s the holiday reading you’re craving. Refill your eggnog, turn on the Netflix fireplace, and curl up to read...more

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