United States Patent and Trademark Office

The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.... more +
The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.    less -
News & Analysis as of

Update on Mayo Myriad Patent Eligibility From USPTO BCP Partnership Meeting

On September 17, 2015, the USPTO held the first “bicoastal” Biotechnology/Chemical/Pharmaceutical Customer Partnership meeting, with live participation from the USPTO’s main campus in Alexandria, VA and from San Jose...more

USPTO Expected to Issue Revised Myriad-Mayo Guidance in October

During a session at today's biotechnology/chemical/pharmaceutical (BCP) customer partnership meeting, the U.S. Patent and Trademark Office provided an update on the status of the Myriad-Mayo Guidance. ...more

Protecting Your Trademark in the United States

Protection Mechanisms in the United States. After selecting your mark, the next step is to decide how to protect it. In the United States, there are three basic types of trademark protection: (1) common-law, (2) state...more

PTAB Decides Inter Partes Review of Patent at Issue in Ariosa v. Sequenom

On September 2nd, the Patent Trial and Appeals Board (PTAB) entered judgment in an inter partes review styled Ariosa Diagnostics v. Isis Innovation Ltd. (IPR 2012-00022). The Board found that Ariosa demonstrated, by a...more

USPTO Extends Deadline for Comments to Help Improve PTAB Proceedings

If you were planning on letting the U.S. Patent and Trademark Office know how you feel about the use of the "Broadest Reasonable Interpretation" standard for claim construction during PTAB trials or the near impossibility of...more

PGR Report -- The Attack of 35 U.S.C. § 112

Last week, on September 2, 2014, Accord Healthcare, Inc. ("Accord") filed what appears to be the second-ever Post-Grant Review ("PGR") (see Petition). This PGR was for U.S. Patent No. 8,598,219 ("the '219 Patent"), which is...more

Trademark Highlights from the IPO’s 2014 IP Record

The Intellectual Property Owners’ Association (IPO) recently released its 2014 IP Record, an annual report detailing global intellectual property trends. Now in its seventh year, the report draws from a range of sources,...more

A Powerful New Trademark for Apple?

All eyes were on Apple on Tuesday, September 9th as Apple unveiled a new line of products. The new line includes the iPhone 6 as well as the long awaited, expected, and rumored Apple watch (which, after years of speculation,...more

Will Chick-fil-A, uh Chicken Out?

Just so you know, this is not the post I planned to write today. Hat tip to you, Bo! It has been exactly one year since Bo Muller-Moore — the “Eat More Kale” guy from Vermont — submitted a comprehensive 71-page...more

The Importance of the One-Year AIA Timeline

Rackspace US, Inc. v. Personal Web Techs., LLC - Addressing the one-year time frame for completing inter partes review (IPR) in the context of a stay request, the U.S. Patent and Trademark Office’s (PTO) Patent Trial...more

Using the US Patent and Trademark Office to Neutralize Invalid Patents

How do you deal with a patent that may cover a product or service that you plan to make, use, sell, or import? What happens if one of your competitors controls that patent? Or if you receive a letter threatening a patent...more

Injunction and Civil Contempt Remedy Vacated After PTO Cancels Claim in Reexamination

ePlus, Inc. v. Lawson Software, Inc. - Addressing whether an injunction and civil contempt were proper after the sole claim on which the injunction was based was cancelled, the U.S. Court of Appeals for the Federal...more

Patent Owner Bears Burden of Proving Proposed Claims Patentable

Harmonic, Inc. v. Avid Tech., Inc. - Addressing the patent owner’s burden of showing non-obviousness in an inter partes review (IPR), the U.S. Patent and Trademark Office’s (PTO) Patent Trial and Appeal Board (PTAB, or...more

Kappos v. Hyatt Applies Broadly to Raising New Issues in District Court Actions

Troy v. Samson Mfg. Corp. - Addressing the scope of permissible new issues and evidence admissible in 35 U.S.C. § 146 district court proceedings, the U.S. Court of Appeals for the Federal Circuit vacated and remanded a...more

Federal Circuit Sidesteps Constitutionality of AIA First-to-File Provision

MadStad Eng’g, Inc. v. USPTO - The U.S. Court of Appeals for the Federal Circuit faced an issue of first impression when a named inventor on three patents challenged the first-inventor-to-file provision of the America...more

United States: IP and Antitrust

United States antitrust law seeks to encourage free and open competition by preventing exclusionary conduct that threatens the competitive process. Intellectual property rights (IPR) laws, by contrast, are designed to...more

Analysis of Preliminary Examination Instructions in view of the Supreme Court Decision in Alice Corp. v. CLS Bank.

On June 25, 2014, just six days after the Supreme Court decided Alice Corp. Pty. Ltd. v. CLS Bank Int’l, 134 S. Ct. 2347 (2014), the USPTO issued its Preliminary Examination Instructions (“Guidance”) in view of the case. ...more

Patent Owner Cannot Assert a Claim That Is Missing a Material Limitation

H-W Tech., L.C. v. Overstock.com, Inc. - Addressing an attempt by a patent owner to assert a patent claim that was missing a material limitation, the U.S. Court of Appeals for the Federal Circuit affirmed a summary...more

Post-grant review, continued: Inter partes, covered business methods

In my last post, I detailed some of the most common frustrations with patent litigation and how the U.S. Patent and Trademark Office offers alternative ways to challenge issued patents. I provided descriptions of two of the...more

USPTO to Host America Invents Act Roadshow in Seven Cities Nationwide

The U.S. Patent and Trademark Office announced that it will host seven roadshow events across the country to increase public understanding of the First Inventor to File (FITF) provisions of the America Invents Act. The...more

A Powerful Tool: Challenging Assertion during Patent Prosecution

Patent claims can be rejected, during patent prosecution, for a very large variety of reasons. A proper rejection is factually based. Examiners for the United States Patent and Trademark Office, and patent practitioners...more

Utility Patent Trends Gleaned from the IPO’s 2014 IP Record

The Intellectual Property Owners’ Association (IPO) recently released its 2014 IP Record, an annual report detailing intellectual property trends in the United States and the top five patent offices from around the world. The...more

10 Important Points to Note When Filing a Utility Patent Application in the United States

The inventor(s), the applicant (if not an inventor) and his or her attorney and others involved in preparation or prosecution of the application have a duty of candor in dealing with the United States Patent and Trademark...more

Claim Scope Based on Claim Construction Submitted in IDS

Golden Bridge Tech., Inc. v. Apple Inc. - Addressing the doctrine of prosecution disclaimer, the U.S. Court of Appeals for the Federal Circuit affirmed a district court’s summary judgment of non-infringement, finding...more

An Inexpensive Alternative to Patent Litigation

The America Invents Act (AIA), passed in September 2011, provides additional procedures to challenge the validity of patents in the U.S. Patent and Trademark Office (USPTO). These “post grant” procedures are far less...more

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