Patents United States Patent and Trademark Office

News & Analysis as of

IP & Technology Newsletter: Winter 2016

In today’s business world, protecting trade secrets is of vital importance. A trade secret is anything which gives a company a competitive advantage and is kept confidential, including a design, formula, manufacturing...more

Year in Review: The Most Popular Blog Posts of 2015

As 2016 begins and IP strategies are being developed for the new year, it is a good time to reflect on what IP issues were prominent in 2015. According to the many readers of Global IP Matters, hot topics included navigating...more

Q&A from Webinar on Top Patent Law Stories of 2015

Earlier today, we presented a live webinar on the "Top Patent Law Stories of 2015." The webinar covered seven of the twenty stories that made it onto Patent Docs ninth annual list of top patent stories. The seven stories...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

Will the Supreme Court Put the Brakes on the IPR Trend? Cuozzo Speed Tech., LLC v. Lee

Not so fast: the United States Supreme Court is set to review the America Invents Act’s (“AIA”) fast-track inter partes review (“IPR”) process. On January 15, 2016, the Supreme Court granted certiorari in Cuozzo Speed...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

USPTO Implementation of AIA Does Not Violate Due Process: Federal Circuit Affirms the PTAB Panel Determining Institution of an IPR...

In Ethicon Endo-Surgery, Inc. v. Covidien LP, a 2-1 panel split of the Federal Circuit held that neither the American Invents Act (“AIA”) nor the Constitution precludes the same panel of the Patent Trial & Appeal Board...more

A Stay of Litigation Pending IPR Does Not Provide a Basis For Extending 30-Stay of FDA ANDA Approval

On December 11, 2015, the United States District Court for the Southern District of Indiana granted a motion to stay a Hatch-Waxman litigation pending the outcome of inter partes reviews (IPRs) on two of the patents-in-suit...more

Motio, Inc. v. BSP Software LLC (E.D. Tex. 2016)

The fallout from the Supreme Court's Alice Corp. v. CLS Bank Int'l case continues to reshape the landscape of patent-eligibility. Despite guidance from the USPTO, patentees still struggle with what exactly is patent-eligible...more

Challenge to the Constitutionality of the Post-Grant Review Process, Thwarted

“In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved…” unless the controversy involves the validity of a patent as determined by the Patent and...more

Top Stories of 2015: #6 to #10

After reflecting upon the events of the past twelve months, Patent Docs presents its ninth annual list of top patent stories. For 2015, we identified twenty stories that were covered on Patent Docs last year that we believe...more

Share Your Patent Quality Pet Peeves

The USPTO is inviting stakeholders to suggest topics for patent quality case studies. As explained in the December 21, 2015 Federal Register Notice, “the USPTO performs case studies to investigate specific quality-related...more

Exclusive Ownership” Is Not Necessary for Standing in an IPR - Legend3D Inc. v. Prime Focus Creative Services Canada Inc.

Addressing the standing requirement for participating in an inter partes review (IPR), the U.S. Patent Trial and Appeal Board (PTAB or Board) held that, unlike district court, there is no “exclusive ownership” requirement for...more

Propriety of a Certificate of Correction Requires Assessment of the Teachings of the Specification as a Whole - Cubist Pharms.,...

In affirming that a certificate of correction may properly be used to correct a later-discovered error in a chemical diagram, the U.S. Court of Appeals for the Federal Circuit looked to the teachings of the specification as a...more

Breaking News: USPTO Restores EFS-Web and Private PAIR

Although the U.S. Patent and Trademark Office has not yet made a formal announcement on the USPTO Systems Status and Availability webpage or the Office's Facebook and Twitter accounts, it appears that the Office has now...more

USPTO Restores Fax Line

The U.S. Patent and Trademark Office announced on December 24, 2015 that it has now restored its fax line and is once again able to receive faxed documents. The announcement was made on the Office's Facebook and Twitter...more

Major Power Outage Causes Shutdown of USPTO Online and IT Systems -- USPTO to Consider December 22-24 to be "Federal Holidays"

On Tuesday, December 22, a major power outage at the U.S. Patent and Trademark Office headquarters in Alexandria, VA significantly damaged the Office's electronic systems and required the shutdown of the Office's online and...more

USPTO Seeks Topics for Quality Case Study Pilot Program

In a notice published in the Federal Register In a notice published in the Federal Register on December 21, 2015 (80 Fed. Reg. 79277), the U.S. Patent and Trademark Office invites stakeholders to submit patent quality-related...more

Newly Issued U.S. Patent for Knobbe Martens Client Pinnacle Spine Group, LLC

Knobbe Martens client Pinnacle Spine Group, LLC, a developer of innovative spinal fusion systems, today announced that the U.S. Patent and Trademark Office issued U.S. Patent No. 9,216,096 titled Intervertebral Implants and...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

USPTO Issues Notice of Proposed Rulemaking for Law School Clinic Certification Program

The U.S. Patent and Trademark Office issued a notice of proposed rulemaking in the Federal Register earlier today (80 Fed. Reg. 78155) to comply with Public Law 113-227, which was enacted by Congress on December 16, 2014, and...more

USPTO Releases Patent Counts by Class by Year Report

The U.S. Patent and Trademark Office (USPTO) maintains annual statistics on patents issued across various technologies. Specifically, each year the USPTO’s Patent Technology Monitoring Team prepares the Patent Counts by Class...more

USPTO Left Hand Doesn’t Know What the Right is Doing: An Unexpected Consequence of Recording Combined Declaration/Assignments

The America Invents Act (AIA) introduced several changes to inventor oath/declaration practice that took effect in 2012. One such change is the ability to incorporate an inventor’s required declaration statements into an...more

Tips for Responding to New Grounds of Rejection in an Examiner’s Answer

Filing an appeal brief with the Patent Trial and Appeal Board (PTAB) can be an effective way to advance prosecution and secure allowable claims. After an appellant’s filing of a PTAB appeal brief, an examiner may respond with...more

Federal Circuit Judges Voice Concern Over PTAB Practice of Denying AIA Petitions Based on “Redundancy”

In a recent oral argument, Federal Circuit judges criticized the USPTO practice of not instituting AIA post grant proceedings on grounds considered “redundant” of other grounds in a petition. The USPTO conceded that it uses...more

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