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United States Patent and Trademark Office › Administrative Appeals

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 -
Fish & Richardson

What’s New in Director Review?

Fish & Richardson on

In July, the United States Patent and Trademark Office announced several changes to the interim process for Director review of Patent Trial and Appeal Board decisions. Originally established shortly after the Supreme Court’s...more

WilmerHale

PTAB/USPTO Update - November 2022

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USPTO News - ..On October 19, 2022 the USPTO issued a report titled “Where are U.S. women patentees? Assessing three decades of growth” examining trends in women’s patenting in the U.S. from 1990-2019. ..Director...more

Fitch, Even, Tabin & Flannery LLP

Patent Applicants May Lose Rights by Causing Too Much Delay

Fitch, Even, Tabin & Flannery LLP on

On June 1, in Hyatt vs Hirshfeld, the Federal Circuit upheld the USPTO’s decision to reject a patent application for prosecution laches, based on delay by the applicant. The decision details behaviors that, while likely...more

Farella Braun + Martel LLP

Trademark Office Deadlines and Coronavirus-Related Delays

Farella Braun + Martel LLP on

With all of the business interruption caused by the COVID-19 pandemic, many worldwide trademark offices have taken steps to recognize the issues caused by the crisis. The offices in which applicants from the U.S. most...more

Dorsey & Whitney LLP

Adnan Syed Won a New Trial (Again), But the Serial Podcast Lost its Own Appeal

Dorsey & Whitney LLP on

If you were a devoted listener of season one of Serial, you probably already know that last month the Maryland Court of Special Appeals decided that Adnan Syed deserves a new trial. What you may not know is that three days...more

Knobbe Martens

Improper Markush Rejection: The New Kid on the Patent Block

Knobbe Martens on

The U.S. Patent and Trademark Office (“USPTO”) quietly increased the examiners’ arsenal by slipping a new rejection into the latest revision of the Manual of Patent Examining Procedure (“MPEP”) released last month. One of the...more

Foley & Lardner LLP

CAFC Finds Harmless Error in USPTO Reliance On Doctrine of Inherency

Foley & Lardner LLP on

In Southwire Co. v. Cerro Wire LLC, the Federal Circuit upheld the USPTO decision rendered in an inter partes reexamination proceeding that found Southwire’s patent invalid as obvious. Although the court found that the USPTO...more

Knobbe Martens

Ex Parte Hafner Provides Clarity in Assessing Patent Subject Matter Eligibility for Software Patents

Knobbe Martens on

In Ex Parte Hafner, the U.S. Patent and Trademark Office Patent Trial and Appeal Board (the “Board”) reversed the Examiner’s rejection that claims directed to an energy transaction plan were subject-matter ineligible. Ex...more

Foley & Lardner LLP

PTAB Puts Method Of Treatment Patents Under The 101 Knife

Foley & Lardner LLP on

While the Supreme Court decisions in Myriad and Mayo have been applied to diagnostic-type claims, method of treatment patents were thought to be safe from the recent judicial expansion of the patent-(in)eligibility doctrine....more

McDermott Will & Emery

PTO Initiates Post-Prosecution Pilot Program

McDermott Will & Emery on

On July 11, 2016, the US Patent and Trademark Office (PTO) announced a new pilot program to enhance after final practice. The Post-Prosecution Pilot Program (P3) combines elements of the Pre-Appeal Request for Review and AFCP...more

Mintz - Intellectual Property Viewpoints

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

Mintz - Intellectual Property Viewpoints on

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

Mintz - Intellectual Property Viewpoints

Tips for Effectively Organizing PTAB Appeals Brief – Claim Grouping

Mintz - Intellectual Property Viewpoints on

Filing an appeal brief with the Patent Trial and Appeal Board (PTAB) can be an effective way to advance prosecution and secure allowable claims. Last November, we summarized Tips for Writing Effective PTAB Briefs to help...more

McDermott Will & Emery

Post-Therasense IC Alive and Kicking at the Federal Circuit

McDermott Will & Emery on

Apotex Inc. v. UCB, Inc. - After finding that a patent owner had made several misrepresentations to the Patent and Trademark Office (PTO) during prosecution, the U.S. Court of Appeals for the Federal Circuit concluded...more

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