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United States Patent and Trademark Office › Kappos

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 -
Womble Bond Dickinson

The Uncertain Future of Patent Eligibility

Womble Bond Dickinson on

For many companies in many industries, patents are an important tool for driving innovation. At the same time, patents limit competition, so that companies must also be wary of their competitors’ patent portfolios. The result...more

McDonnell Boehnen Hulbert & Berghoff LLP

USPTO Publishes Business Method Subject Matter Eligibility Examples: Part I

McDonnell Boehnen Hulbert & Berghoff LLP on

About a week before the holidays, the U.S. Patent and Trademark Office quietly published a trio of new subject matter eligibility examples directed to the abstract idea exception to patentability. These are the latest in a...more

McDonnell Boehnen Hulbert & Berghoff LLP

Amicus Briefs in Support of Sequenom's Petition for Rehearing En Banc: NYIPLA

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Earlier this summer, in Ariosa Diagnostics, Inc. v. Sequenom, Inc., the Federal Circuit affirmed a decision by the District Court for the Northern District of California granting summary judgment of invalidity of the asserted...more

McDonnell Boehnen Hulbert & Berghoff LLP

Guest Post -- On Ariosa and Natural Products

McDonnell Boehnen Hulbert & Berghoff LLP on

Recently, I had the privilege of speaking at the annual meeting of the American Society of Pharmacognosy in Colorado. Members of this scientific association are dedicated to identifying and isolating natural products from...more

Womble Bond Dickinson

Federal Circuit May Have More To Say On Patent Term Adjustment (PTA) As USPTO Appeals Exelixis v. Kappos

Womble Bond Dickinson on

Executive Summary: Three years removed from the Federal Circuit’s decision in Wyeth v. Kappos, patentees are seeking additional extensions of patent term based on the recent decision issued in Exelixis v. Kappos, which could...more

BakerHostetler

Patent Watch: C.W. Zumbiel Co. v. Kappos

BakerHostetler on

[T]he preamble constitutes a limitation when the claim(s) depend on it for antecedent basis, or when it "is essential to understand limitations or terms in the claim body." On December 27, 2012, in C.W. Zumbiel Co. v....more

BakerHostetler

Patent Watch: Pregis Corp. v. Kappos

BakerHostetler on

[A] third party cannot sue the PTO under the APA to challenge a PTO decision to issue a patent. On December 6, 2012, in Pregis Corp. v. Kappos, the U.S. Court of Appeals for the Federal Circuit (Prost, Clevenger,...more

McDonnell Boehnen Hulbert & Berghoff LLP

Novartis AG v. Kappos (D.D.C. 2012)

McDonnell Boehnen Hulbert & Berghoff LLP on

In an opinion issued earlier this month, Judge Ellen Segal Huvelle of the U.S. District Court for the District of Columbia determined that Novartis AG and Novartis Vaccines and Diagnostics, Inc. had not satisfied the 180-day...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

District Court holds filing of Request for Continued Examination does not reduce patent term adjustment

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

On November 1, 2012, the District Court for the Eastern District of Virginia issued a decision in Exelixis v. Kappos (Case No. 1:12cv96), rejecting the U.S. Patent and Trademark Office’s (USPTO’s) interpretation of the...more

Sheppard Mullin Richter & Hampton LLP

Belkin International, Inc. v. Kappos - A Cautionary Tale in the Intricate Arena of Inter Partes Reexamination

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On Tuesday of last week, the Federal Circuit held that a party bringing a request for inter-partes reexamination may not appeal a decision by the Director of the U.S. Patent and Trademark Office that certain prior art does...more

McDonnell Boehnen Hulbert & Berghoff LLP

ArQule v. Kappos: Enjoy Your Weekend, or What a Difference a Day (or Two or Three) of PTA Can Make

McDonnell Boehnen Hulbert & Berghoff LLP on

A few years ago we had provided some cautionary advice relating to the dichotomy between a timely filed response in accordance with 35 U.S.C. § 21(b), and a delayed response pursuant to 37 C.F.R. § 1.704(b). 35 U.S.C. §...more

McDonnell Boehnen Hulbert & Berghoff LLP

Kappos v. Hyatt (2012)

McDonnell Boehnen Hulbert & Berghoff LLP on

That rarest of rara aves issued from the Supreme Court yesterday, an affirmance of a Federal Circuit opinion in Kappos v. Hyatt. Perhaps it is because, as in Stanford v. Roche one of the parties was the government (here,...more

Womble Bond Dickinson

Supreme Court Rules on Business Method Patents in Bilski v. Kappos

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On June 28, 2010, the Supreme Court issued its long-awaited decision on business method patents in Bilski v. Kappos, No. 08-964. The Court unanimously agreed that Bilski’s invention, which was a process directed toward “how...more

Wilson Sonsini Goodrich & Rosati

U.S. Supreme Court In Bilski v. Kappos Paves The Way For Broader Scope Of Patent-Eligible Process Claims

Wilson Sonsini Goodrich & Rosati on

On June 28, 2010, the U.S. Supreme Court issued a decision in Bilski v. Kappos, No. 08- 964, slip op. (U.S. June 28, 2010) rejecting the rigid “machine-or-transformation” test for patent-eligible subject matter proffered by...more

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