News & Analysis as of

Patent Applications

Patents as a Technology and Marketing Resource

by PretiFlaherty on

Several types of patent searches are known for identifying patents and published patent applications of potential interest. One type of search, often called a novelty search, is employed to identify prior issued patents and...more

Fighting Patent Trolls

by Snell & Wilmer on

When it comes to suppressing U.S. competiveness, no one does it better than patent trolls. A 2017 study concluded that 5,100 patent infringement lawsuits were filed in 2016. Patent Trolls account for about 67% of...more

IP and healthcare in South East Asia: “Bigger than BRIC”. So why aren’t you filing your patent applications there?

by FPA Patent Attorneys on

The South East Asian healthcare market is emerging as one of great importance, expected to experience faster rates of healthcare spending growth over the next 5 years than the BRIC (Brazil, Russia, India, China) countries...more

Saving grace

by McAfee & Taft on

One of the benefits of a patent under the U.S. system is, for a limited time, the patent owner gets the exclusive right to manufacture, use and sell the invention. The public policy behind this is to create an incentive for...more

PTO Uses Different Approaches “Configured” to Assess Indefiniteness

by McDermott Will & Emery on

In a precedential decision, the Patent Trial and Appeal Board (PTAB) upheld the longstanding US Patent and Trademark Office (PTO) practice of using a lower threshold to assess claim indefiniteness during prosecution relative...more

South East Asia: 5 reasons why it is an essential patent filing destination

by FPA Patent Attorneys on

Here are the top 5 reasons why you should file your patent in South East Asia. 1. South East Asia is big - South East Asia, and the 10 member countries of ASEAN (the Association of South East Asian Nations) in...more

PTAB Must Articulate Factual Basis for Obviousness Determination

by McDermott Will & Emery on

Addressing whether a claimed feature was the result of routine optimization, as well as the Patent Trial and Appeal Board’s (PTAB or Board) obligation to consider factual evidence, the US Court of Appeals for the Federal...more

Risks of Cover Page Provisional Applications

by McNair Law Firm, P.A. on

Since June 8, 1995, the United States Patent and Trademark Office (USPTO) has offered inventors the option of filing a provisional patent application. These applications are typically used as a faster and lower-cost first...more

Recap on Design Patent Drawings

This post is a follow-up to our prior post To Seek Design Protection or Not, That is the Question! where we discuss situations where it is worth considering seeking a design patent. Here we highlight takeaways from a USPTO...more

Negative Limitations in a Patent Claim – Broad or Narrow?

Negative limitations, using words like “not”, “without”, or “excluding” in a patent claim, understandably make patent practitioners and clients nervous. Generally, positive limitations are preferred and negative limitations...more

Calculating Patent Term Adjustment: Part 2

This article is second in a series focusing on various issues related to Patent Term Adjustment for U.S. patent applications. While Part 1 is a general overview of how to calculate patent term adjustment (“PTA”), this...more

Surviving Alice with an Appeal

by Fenwick & West LLP on

This third article in the “Surviving Alice” series examines how the USPTO’s Patent Trial and Appeal Board has responded to the U.S. Supreme Court’s June 2014 Alice decision. It also shows how applicants can use the PTAB’s...more

Federal Circuit: PTO Can’t Shift Burden Of Proof Of Patentability To Applicant

by Weintraub Tobin on

In In re Stepan Co., 2017 U.S. App. LEXIS 16246, decided August 25, 2017 the Federal Circuit Court of Appeals made it very clear that during patent prosecution, the burden of proving patent ability lies with the PTO examiner....more

Updating Interview Scheduling Practices with USPTOs AIR Program

Many patent practitioners have experienced the benefits of examiner interviews in achieving compact patent prosecution. Examiner interviews allow practitioners and examiners to discuss subtle but sometimes significant...more

When Your Background Dooms The Invention

37 CFR 1.77(b)(7) suggests that a patent application should include a “Background of the Invention.” The Background of the Invention, however, can cause trouble if the drafter is not careful....more

eCommerce Modernization at the USPTO Enters Its Next Phase

For the past year, registered users have been able to enroll in the Pilot Program and provide feedback on the new functionality as part of the USPTO’s Enhanced Patent Quality Initiative to more efficiently streamline...more

USPTO Maintains Standard for Indefiniteness in Rare Precedential Opinion

by Orrick - IP Landscape on

Decision on Appeal, Ex parte McAward et al., No. 2015-006416 (P.T.A.B. August 25, 2017) (Judges Linda E. Horner, Annette R. Reimers and Nathan A. Engels) - The Supreme Court’s decision in Nautilus, Inc. v. Biosig...more

A Cautionary Tale: IPR Petition Denied Based on Third-Party Submission

by BakerHostetler on

In Cultec, Inc. v. StormTech LLC, IPR2017-00777, Paper 7 (Aug. 22, 2017), the Patent Trial and Appeal Board (Board) denied an inter partes review because the same or substantially the same prior art or arguments were said to...more

A Foolish Consistency may be the Hobgoblin of Little Minds, but it is the Hallmark of a Successful Applicant/Patent Owner

In In re Walter, [2016-2256] (August 21, 2017), the Federal Circuit affirmed the PTAB’s decision in ex parte reexamination of U.S. Patent No. 7,513,711 that all twelve claims of the patent lack adequate written description...more

Federal Circuit Criticizes PTAB Reliance On Routine Testing

by Foley & Lardner LLP on

In Honeywell International, Inc. v. Mexichem Amanco Holdings S.A. DE C.V., the Federal Circuit vacated the decision of the USPTO Patent Trial and Appeal Board that invalidated Honeywell’s patent in an inter partes...more

Ten Tips on Preparing and Prosecuting Patent Applications

by Snell & Wilmer on

1. Keep Your Eyes on the Prize. A patent defines a piece of intellectual property. As with a parcel of land, the patent’s owner can legally prevent any trespass (called an infringement) on the patent. Analogous to the...more

PCT Filings: One Method to Seek International Patent Protection

by Revision Legal on

Filing for patent protection with the USPTO is probably somewhat familiar to inventors and businesses here in the United States. However, the options for seeking international patent protections are probably less well known....more

Patent Myths Corrected – Part One

by Weintraub Tobin on

Patent law is a complicated area of law governed by a confusing set of statutes and regulations that are interpreted by the United States Patent and Trademark Office (PTO) and the federal courts. Patents themselves are...more

No man is an island, but Taiwan is, and so are Cabo Verde, Fiji, the Maldives, the Solomon Islands and Vanuatu

Taiwan is not a “PCT country,” so everyone knows that you can’t go the PCT national stage route to get a patent there. Instead, you have to make a separate filing directly in Taiwan within the one year “convention period,”...more

Global Patent Prosecution Newsletter - August 2017

Worldwide Patent Term Extension Provisions - Mechanisms to recover patent term lost during regulatory approval are available in many countries throughout the world. The August 2017 issue of Sterne Kessler’s Global Patent...more

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