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Administrative Agency Intellectual Property

Read need-to-know updates, commentary, and analysis on Administrative Agency issues written by leading professionals.

USPTO Adjusts Fees for PTAB IPR Proceedings

by Jones Day on

On November 14th, the USPTO issued a final rule setting and adjusting patent fees during fiscal year 2017. The new fees, set to take effect January 16, 2018, include upward adjustments of fees for requesting Inter Partes...more

PTAB Issues New Standard Operating Procedure Addressing Remands from Federal Circuit: The New Standards and How They May Affect...

On November 16, 2017 the U.S. Patent and Trademark Office posted a new Standard Operating Procedure (SOP) addressing the conduct of cases remanded from the Federal Circuit to the Patent Trial and Appeal Board (PTAB). New “SOP...more

Perspectives on the PTAB Newsletter - November 2017

The Perspectives on the PTAB Newsletter is designed to be a valuable resource for all stakeholders in the global patent arena throughout the patent life cycle. To that end, articles will provide perspectives from both sides...more

Patents in the burgeoning cannabis industry

by Farella Braun + Martel LLP on

With cannabis legal in 29 states for medical use and in eight states for recreational use, there is a surge of entrepreneurism and an influx of capital into the rapidly expanding cannabis industry. Although cannabis remains a...more

Proposed Emergency Patent Grant Measures in Brazil

The Brazilian Government may soon launch an emergency measure to eliminate the Patent Office's backlog by automatically granting 231,000 pending non-pharmaceutical applications. The proposed rules for implementing the new...more

Threat of TTAB Cancellation Proceeding Insufficient To Establish Case or Controversy

The District of Maryland ruled that the mere threat of a TTAB cancellation proceeding is not sufficient to create a case or controversy to allow the trademark owner to bring a declaratory judgment action for trademark...more

Would Glue Maker’s Trademark Claim Stick Against Pot Strain

by Weintraub Tobin on

According to cannabis folklore, cannabis cultivators in 2010, Josey Whales and Lone Watie created a strain of marijuana that was so sticky, Mr. Whales, during a phone call, commented that the plant made his hands “stick to...more

What if IPRs are Found Unconstitutional in Oil States?

On November 27, the Supreme Court will hear arguments in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC. The issue is: - Whether inter partes review, an adversarial process used by the Patent and Trademark...more

Reversed! Failure To Assert Robust Nonobviousness Arguments During IPR Led To Reversal By The Federal Circuit

by Orrick - IP Landscape on

Owens Corning v. Fast Felt Corporation, Fed. Cir. (October 11, 2017) - During inter partes review proceedings, the Patent Trial and Appeal Board (“PTAB”) is required to give claims their broadest reasonable construction in...more

USPTO Fee Increases Impact IPR Filing Costs

by Orrick - IP Landscape on

Much like death and taxes, USPTO fee increases are a sure thing. On November 14, 2017, the USPTO issued a new final rule raising many of the fees charged by the Office. The Office also provided a chart that shows the...more

Design Patent PTO Litigation Statistics (through OCTOBER 15, 2017)

Since July 2017, there have been no new design institution decisions, and a pair of final written decisions that resulted in cancelled claims. No new design patent petitions have been filed since April 2017. The statistics...more

USPTO Announces Fee Increases Effective January 16, 2018

by Brooks Kushman P.C. on

United States Patent and Trademark Office has published final rules increasing certain fees relating to patent examination and post grant proceedings (Please click here to see the USPTO’s table showing the fee changes...more

Federal Circuit Provides Guidance on Probative Value of “Patent Dance” Letters and aBLA Parameters in an Infringement Analysis

by Fish & Richardson on

On November 13th, in an opinion drafted by Judge Taranto, the Federal Circuit affirmed the Southern District Court of Florida’s judgment that Apotex’s biosimilar versions of Neulasta® and Neupogen® do not infringe Amgen’s...more

USPTO Publishes New Rule Governing Privilege for Patent Attorneys and Agents

Earlier this week, the United States Patent and Trademark Office (“USPTO”) published a new rule governing when privilege exists for communications between clients and their domestic or foreign patent attorneys and patent...more

LegalZoom vs. A Lawyer For Protecting Intellectual Property

by Fraser Trebilcock on

You have already taken a step in the right direction by knowing that you need to protect your invention, brand or other original works with a patent, trademark, or copyright, respectively. But, what are the most cost...more

AIA Trial Fees to Increase Substantially

On November 14, 2017, the United States Patent and Trademark Office (USPTO) published a final rule on fee increases that will take effect on January 16, 2018. 82 Fed. Reg. 52,780. The USPTO has substantially increased the...more

BioPharma Patents Quick Tips & News – November 2017

Diagnostic Method Claims in the U.S. I. Let’s recap the last five years! Mayo (2012) = Supreme Court prohibits patents for diagnostic methods without “significantly more” (essentially, you must not only discover a...more

Diagrams Not Considered Source Code Under Modified Protective Order

by Jones Day on

In a recent Order, ALJ McNamara clarified that while diagrams drawn by an expert depicting the interplay and hierarchy of relevant code modules, inputs, and outputs of source code are to be treated as confidential business...more

District Courts Split on Admissibility of Patent Owner IPR Victories

by Jones Day on

In an opinion dated October 12, 2017, the U.S. District Court for the Eastern District of Wisconsin granted a motion in limine to exclude evidence that a challenged patent had survived twenty post-issuance proceedings,...more

When the Blind Go Leading the Blind: The USPTO’s §101 Eligibility Guidance

In the immediate aftermath of the 2013 Myriad decision, the United States Patent and Trademark Office (USPTO) released a set of guidance documents in March 2014 explaining how it planned to apply the new §101 precedents....more

USPTO Issues New Regulation On Scope Of Attorney-Client Privilege In PTAB Proceedings

by Orrick - IP Landscape on

On Tuesday, November 7, 2017, the USPTO published its final rule clarifying the situations in which the Office will recognize the existence of the attorney-client privilege in proceedings before the PTAB. ...more

Global Patent Prosecution Newsletter - November 2017

An Update on Brazilian Patent Law – Emergency Backlog/Fast-Track Options and Enforcement Issues - We are delighted to have as contributors to the November Global Patent Prosecution newsletter, Ricardo Nunes and Andre...more

TTAB rejects SINFUL ZINFANDEL as confusable with ZINFUL

I’m back from maternity leave and back “off the wagon”, so to speak, with a post about one of my favorite beverages – red zinfandel. The USPTO recently refused registration of the mark SINFUL ZINFANDEL for wine citing...more

USPTO Expands Collaborative Search Pilot Program

by Foley & Lardner LLP on

As announced in this October 30, 2017 Federal Register notice, the USPTO is expanding the Collaborative Search Pilot Program under which applicants can request that multiple intellectual property offices exchange search...more

Amicus Curiae Briefs Authorized on Tribal Sovereign Immunity in IPRs of Restasis® Patents

by Knobbe Martens on

The Saint Regis Mohawk Tribe’s recent motion to terminate pending IPRs on patents purported to cover Allergan’s Restasis® product has spurred two parties to seek authorization from the PTAB to file amicus briefs. Earlier this...more

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