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Patent Applications United States Patent and Trademark Office

New USPTO Mega-Sequence Listing Fees

by Brinks Gilson & Lione on

On November 14, 2017, the United States Patent and Trademark Office (USPTO) published a rule on “Setting and Adjusting Patent Fees During Fiscal Year 2017.” (82 FR 52780) This rule includes fee adjustments that take effect on...more

Patent Quality Chat: How Is A USPTO Examiner’s Work Product Reviewed?

In patent prosecution, the feedback loop between interested parties including patent prosecutors, inventors, and in-house counsel helps to provide the best patent applications and office action responses for a high quality...more

The Importance of Obviousness

by Burns & Levinson LLP on

Over a number of years, the Federal Circuit has stated the conditions for an obviousness rejection: the cited references must teach or suggest all the limitations of the claim, there must be a reason to combine the...more

Banding Together Part II: Expanded Collaborative Search Pilots Launched Between USPTO, JPO, and KIPO

In May of 2016, we first documented the launch of the Collaborative Search Pilots (CSPs) between the USPTO, Japanese Patent Office (JPO), and Korean Intellectual Property Office (KIPO) in the blog entitled: Banding Together....more

Updated USPTO Patent Fee Schedule Includes Significant Increases and Additions

by Ballard Spahr LLP on

The U.S. Patent and Trademark Office (USPTO) last week established an updated patent fee schedule, effective January 16, 2018. The updated schedule provides for a modest increase for most fees—but also more significant...more

USPTO Patent Fees To Go Up January 2018

by Foley & Lardner LLP on

While Congress is trying to pass a tax reform bill that would cut corporate taxes, USPTO patent fees will increase effective January 16, 2018. The 72% jump in the Inter Partes Review request fee has gotten the most attention,...more

USPTO Revised Patent Fees, Oh My!

On November 14, 2017, the USPTO issued and published the final rule, “Setting and Adjusting Patent Fees during Fiscal Year 2017.” The final rule set or adjusted certain patent fees, as provided by the Leahy-Smith America...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

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

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

Bioquark Seeks to Reverse Brain Death

Last year, two biotech companies announced that they had received institutional review board (IRB) approval for a study focused on the clinical intervention of brain death in humans. The study, entitled "Non-randomized,...more

To File or Not File Provisional Patent Applications – Part 2: The Cons: IP Law Bulletin

by Nutter McClennen & Fish LLP on

In Part 1 of this post, I discussed various advantages of provisional patent applications, which are a growingly popular initial filing option for applicants seeking patent protection. These advantages include: establishing...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

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

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

by Womble Bond Dickinson on

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

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

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

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

To Be or Not to Be a Micro Entity

by Baker Donelson on

When filing a patent application with the United States Patent and Trademark Office (USPTO), certain applicants have the option to designate “small entity status” or “micro entity status.” Claiming either small or micro...more

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