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Patent Applications

AEON Law

Patent Poetry: Patent Office Terminates 3,100 Applications for Fraudulent Signatures

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The US Patent and Trademark Office (USPTO or Office ) has issued a final order terminating 3,100 patent applications for intent to deceive the Office via fraudulent “S-signatures.”...more

Seyfarth Shaw LLP

USPTO Bids Farewell to AFCP 2.0: Goodbye Old Friend!

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The U.S. Patent and Trademark Office (USPTO) has officially announced that the After Final Consideration Pilot Program 2.0 (AFCP 2.0) will soon be laid to rest. In a notice dated October 1, 2024, the USPTO confirmed that the...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Key Inventorship Considerations in AI-assisted Drug Development

The utilization of artificial intelligence (“AI”) is becoming ubiquitous across a wide range of industry sectors. The biotech industry is no exception. AI-driven platforms have become increasingly useful to biotech...more

Quarles & Brady LLP

Indispensable Strategies for Protecting Disposable Products

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As commerce moves more and more online, companies are facing unique challenges with respect to protecting their products, and the low cost of entry for online sellers has contributed to proliferations of knock-off and...more

Sheppard Mullin Richter & Hampton LLP

The Double-Edged Sword of AI in Patent Drafting and Prosecution

*prepared with the assistance of artificial intelligence - In the rapidly evolving landscape of intellectual property law, artificial intelligence (AI) has emerged as a powerful tool for attorneys and inventors alike. AI...more

Pillsbury Winthrop Shaw Pittman LLP

The Beginning of the End for the USPTO’s After Final Consideration Pilot Program 2.0

The decision to end the program follows public resistance to a proposed fee structure aimed at offsetting its high administrative costs. The U.S. Patent and Trademark Office (USPTO) extended the After Final Consideration...more

Jones Day

Supreme Court Denies Cellect Petition on Interplay Between PTA and ODP

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The Supreme Court denies Cellect LLC's petition for certiorari to consider whether patent term adjustment ("PTA") should be included in patent term for obviousness-type double patenting ("ODP") purposes....more

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

Subject Matter Eligibility of AI Innovations—USPTO’s Updated Guidance

This article discusses the July 17, 2024 guidance issued by the United States Patent and Trademark Office (“USPTO”) regarding the subject matter eligibility of patent claims involving artificial intelligence (“AI”). The...more

McDermott Will & Emery

End of an Era: PTO Terminates AFCP 2.0 Amid Fee Concerns

McDermott Will & Emery on

The US Patent & Trademark Office (PTO) announced the termination of the After Final Consideration Pilot Program (AFCP) 2.0, effective December 15, 2024. Launched in 2013, AFCP 2.0 aimed to streamline the patent examination...more

McDermott Will & Emery

Got Pillaged? Not If You Didn’t Follow the APA and FTCA

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit affirmed a district court decision dismissing claims under the Administrative Procedure Act (APA) and Federal Tort Claims Act (FTCA) against the US Patent & Trademark Office...more

Orrick, Herrington & Sutcliffe LLP

Developing and Patenting AI Inventions: 5 Things for Biotech Companies to Consider

As AI tools become more prevalent in the life sciences, biotechnology companies need to evaluate AI’s impact on their ability to protect the results of their research. Recent U.S. Patent and Trademark Office (PTO) guidance...more

Morgan Lewis

2024 Amendments to India's Patent Rules: Unlocking Cross-Border IP Opportunities

Morgan Lewis on

In March 2024, the Indian Ministry of Commerce and Industry published changes to its 2003 Patent Rules. These applicant-friendly changes include (1) a relaxation in the rules relating to the submission of information...more

Fish & Richardson

USPTO’s AFCP 2.0 Program to End December 14

Fish & Richardson on

The United States Patent and Trademark Office (USPTO) has announced that the After Final Consideration Pilot Program (AFCP 2.0) will expire on December 14. The current program will remain in effect until that date....more

Lowenstein Sandler LLP

USPTO Announces December 14, 2024 for Expiration of After Final Consideration Pilot Program 2.0

Lowenstein Sandler LLP on

On September 30, 2024, the United States Patent and Trademark Office (USPTO) announced that the last day of the After Final Consideration Pilot Program 2.0 (AFCP 2.0) is set for December 14, 2024.1 The program was set to run...more

Troutman Pepper

Discontinuation of AFCP 2.0: Strategic Adjustments for Patent Applicants

Troutman Pepper on

The U.S. Patent and Trademark Office (USPTO) has announced the discontinuation of the After Final Consideration Pilot 2.0 (AFCP 2.0) program, effective December 15, 2024. This change necessitates a strategic shift for patent...more

Procopio, Cory, Hargreaves & Savitch LLP

Overcoming Obstacles to Securing Patents for AI-Related Inventions

Companies in multiple industries are experimenting with artificial intelligence to generate specific solutions to long-standing challenges. To this end, numerous companies are filing patent applications for inventions...more

Baker Donelson

The Importance of Filing Patent Applications for Software Inventions

Baker Donelson on

We all know that a patent application can be a significant asset to a company and its valuation. However, too many companies mistakenly believe that all software is not patentable. As a result, they are failing to file patent...more

BakerHostetler

USPTO Ending the After Final Consideration Pilot Program

BakerHostetler on

The U.S. Patent and Trademark Office (USPTO) recently announced that it will terminate the After Final Consideration Pilot Program (AFCP 2.0) and that December 14, 2024, will be the last date for applicants to submit requests...more

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

Expiration of the After Final Consideration Pilot Program 2.0

Based on feedback from the public on the use of After Final Consideration Pilot Program 2.0 (AFCP 2.0) and hesitancy to accept the U.S. Patent and Trademark Office’s proposal for a new fee to participate in AFCP 2.0, the...more

MoFo Life Sciences

Beyond Final Rejection: What’s Next For Patent Prosecution After USPTO Terminates Its After Final Consideration Program?

MoFo Life Sciences on

On October 1, 2024, the United States Patent and Trademark Office (USPTO) announced that it is terminating its After Final Consideration Pilot Program 2.0 (AFCP 2.0), which is set to expire on December 14, 2024. The...more

Brownstein Hyatt Farber Schreck

USPTO to End AFCP 2.0 Program

Since 2012, the United States Patent and Trademark Office (USPTO) has provided patent applicants and examiners an opportunity to continue collaborative prosecution after a final rejection has been received through the After...more

Fox Rothschild LLP

USPTO to Terminate AFCP 2.0 Program Effective Dec. 14

Fox Rothschild LLP on

The U.S. Patent and Trademark Office (USPTO) is terminating the After Final Consideration Pilot Program 2.0 (AFCP 2.0), which provided examiners additional time to search and/or consider responses following final rejection of...more

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

The Dilemma with Patent Owner Statements Post-Reexamination Order

Takeaways: 1. Patent owner statements present both risks and limited opportunities. 2. Waiving the patent owner statement shortens overall reexamination proceeding pendency. Every third party requester ex parte...more

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

Demonstrating Unequivocal Intent to Broaden in Reissue

Takeaways: - Patentees must demonstrate “unequivocal intent” to broaden claims in a broadening reissue. - To establish a broadening reissue, a patentee’s actions must align with their words within the two year statutory...more

Jones Day

PTAB Issues First Post-LKQ Design Patent Decision

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On August 6, 2024, the PTAB issued its first written decision applying a new test for obviousness of design patents. In Next Step Group, Inc. v. Deckers Outdoor Corp., IPR2024-00525, Paper 16 (P.T.A.B. Aug. 6, 2024)...more

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