News & Analysis as of

United States Patent and Trademark Office Patents

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 -

STRONGER Patents Act of 2017 Likely Too Heavy Lift for Congress

by Orrick - NorCal IP Group on

It may be late July, but the impending Congressional recess has not lessened potential interest by lawmakers in patent reform. On June 21, 2017, Sen. Christopher Coons (D-Delaware) introduced Senate Bill 1390, entitled the...more

Taking Advantage of the Global Supply Chain for Patent Examination

by Ward and Smith, P.A. on

Innovation and Traditional Patent Process - When you develop an innovation, its potential patentability is typically unknown, thus making it difficult to determine whether it is worth the significant expense involved if...more

Millennium Pharmaceuticals, Inc. v. Sandoz Inc. (Fed. Cir. 2017)

In multiple ANDA litigations against multiple defendants, Millennium Pharmaceuticals, Inc. had several of its asserted claims held invalid for obviousness at the district court. The Federal Circuit reversed these decisions...more

“All Expenses Paid” Is No Trip to the E.D. Va. for Patent and Trademark Applicants

by BakerHostetler on

On June 23, 2017, the Federal Circuit confirmed in Nantkwest, Inc. v. Matal (No. 2016-1794) that patent applicants facing rejection from the Patent Trial and Appeal Board (PTAB) may seek relief in the Eastern District of...more

Cannabis Industry FAQ

by Pepper Hamilton LLP on

Can marijuana businesses receive federal copyright protection? Yes. The requirements for registration with the U.S. Copyright Office are that the work is original, creative and fixed in some form of expression. These...more

Securus Technologies, Inc. v. Global Tel*Link Corp. (Fed. Cir. 2017)

Over the last 18 months, the Federal Circuit has been quietly shoring up the non-obviousness provisions of 35 U.S.C. § 103 by enforcing the requirement that an obviousness argument entails making the full prima facie case. ...more

PTO Erred by Not Identifying Algorithm Corresponding to §112, ¶ 6 Element Before Invalidating Claims

In IPCOM GmbH & Co. v. HRC Corp., [2016-1474] (July 7, 2017) the Federal Circuit found that the Board failed to conduct a proper claim construction of the “arrangement for reactivating the link” claim limitation, and...more

PTAB Denies Motion to Withdraw as IPR Counsel

by Jones Day on

In an order entered June 30, 2017, the PTAB denied a motion by counsel for patent owner Purple Leaf, LLC (“Counsel”) to withdraw from representation in a trio of IPRs (IPR2016-01720, IPR2016-01721, and IPR2016-01722). Counsel...more

Issue Six: PTAB Trial Tracker

by Goodwin on

Supreme Court Grants Certiorari to Decide Whether IPRs Are Constitutional - The Supreme Court has granted certiorari to answer the following question: Whether inter partes review – an adversarial process used by the...more

PTAB May Institute Re-Examination Even Where Requester Wants It Denied

by McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit found that the Patent Trial and Appeal Board (PTAB) properly instituted an inter partes re-examination even though the requester had asked it to deny institution and had...more

Fantastic Beast Sighting in the District of Massachusetts—Motion to Strike Allowed

In PetEdge, Inc. v. Yahee Technologies Corp., PetEdge accused Yahee of infringing U.S. Patent No. 7,621,236 (the “’236 patent”), which is entitled “Folding Pet Ramp and Steps.” PetEdge designs, makes, and sells merchandise...more

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

by 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

The United States Patent Office Totally Rejected Your Claims? Don't Panic!

by Ward and Smith, P.A. on

In my almost 17 years of practice before the United States Patent and Trademark Office ("PTO"), by far the most common telephone call I receive from inventors is a frantic inquiry about an Office Action received from the PTO...more

Board of Trustees of the Leland Stanford Junior University v. Chinese University of Hong Kong (Fed. Cir. 2017)

Detection of paternal cell-free fetal DNA (cffDNA) in maternal blood (the technology at issue in Ariosa v. Sequenom) was in a different incarnation the subject of an interference between professors at two universities; the...more

Win or Lose: Appellants of PTO Decisions in District Court Must Pay Attorneys' Fees

by Jones Day on

On June 23, 2017, the Federal Circuit held in NantKwest v. Matal that patent applicants seeking review of a decision from the United States Patent and Trademark Office ("PTO") to the district court must pay the PTO's legal...more

No En Banc Resolution on Whether Patent Right Is Public Right

by McDermott Will & Emery on

In a 10–2 decision that included two concurrences and two dissents, the US Court of Appeals for the Federal Circuit denied a patent owner’s petition to hear part of its appeal en banc in order to resolve whether a patent...more

USPTO Can Receive Its Attorneys’ Fees for Applicant Appeals to District Court

In NantKwest, Inc. v. Matal, No. 2016-1794 (Fed. Cir. June 23, 2017), the Federal Circuit reversed the district court’s denial of the USPTO’s motion for attorneys’ fees, holding that the “expenses” authorized under 35 U.S.C....more

Five Fun (!) Facts About US Design Patent Examination That You Probably Didn’t Know

Design patent examination has been subject to many recent changes at the USPTO, including changes in the application backlog and foreign filing.  While design patents made up just under 8.0% of the patents issued in 2015, the...more

Paying for Attorneys' Fees Whether you Win or Lose on Appeals from the PTAB

by Brinks Gilson & Lione on

On June 23, 2017, the Federal Circuit held that a party appealing a decision from the Patent Trial and Appeal Board (“PTAB”) by bringing a civil action against the Director of the United States Patent & Trademark Office...more

Extension of U.S. Patent and Trademark Office’s Cancer Immunotherapy Pilot Program

On June 19, 2017, the U.S. Patent and Trademark Office (USPTO) announced that it would be extending the Cancer Immunotherapy Pilot Program, which permits patent applications pertaining to cancer immunotherapy to be examined...more

Nantkwest, Inc. v. Matal (Fed. Cir. 2017)

Patent applicants dissatisfied with final outcome of patent prosecution proceedings have long had two options for court review of a Patent and Trademark Appeal Board decision: an appeal to the Federal Circuit under 35 U.S.C....more

STRONGER Patents Act Proposes Substantial Changes to AIA Trial Proceedings

On September 21, 2017, Senator Chris Coons (D-Del.) introduced the STRONGER Patents Act of 2017 in the Senate. STRONGER is an acronym for “Support Technology and Research for Our Nation’s Growth and Economic Resilience.” The...more

Patent Applicants Must Pay USPTO’s Legal Fees For Appeals To District Court Under 35 U.S.C. §145

by Brooks Kushman P.C. on

Nantkwest, Inc. v. Matal, No. 2016-1794 (Fed. Cir. June 23, 2017). In a 2-1 panel decision, the U.S. Court of Appeals for the Federal Circuit has held that an applicant for patent who pursues an appeal to the U.S. District...more

Cancer Moonshot: USPTO Extends Cancer Immunotherapy Pilot Program Initiative

by Morrison & Foerster LLP on

The United States Patent and Trademark Office (PTO) issued a Notice today extending the Cancer Immunotherapy Pilot Program (Pilot Program), also known as “Patents 4 Patients.” The Pilot Program, which accelerates the...more

Supreme Court’s Ruling on AIA Patent Reviews Could Reverberate Across Patent Law Landscape

Supreme Court’s Ruling on AIA Patent Reviews Could Reverberate Across Patent Law Landscape - Key Takeaways - The impact of the Court’s grant of Oil States’s petition for certiorari, and their subsequent decision on...more

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