Patents, Intellectual Property Protection, Manual of Patent Examining Procedure (MPEP)

IP Hot Topic: USPTO Publishes FAQs on Inventorship Guidance for AI-Assisted Inventions

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 1/20/2025

Following the Inventorship Guidance for AI-Assisted Inventions, the United States Patent & Trademark Office (USPTO) has published a set of frequently asked questions (FAQs) and answers regarding the guidance...more

Recent Examination Manual Update Includes Guidance on Protection of Computer-Generated Designs

Quarles & Brady LLP on 11/21/2024

The Manual of Patent Examining Procedure (“MPEP”) is the examination manual used internally at the United States Patent & Trademark Office (“USPTO”) to guide examiners in the process of examining patent applications. In...more

EDVA Upholds USPTO’s Calculation of Patent Term Adjustment

Troutman Pepper Locke on 7/25/2024

Under the patent laws, the term of a patent may be increased for delays by the U.S. Patent and Trademark Office (USPTO) during the application process. See 35 U.S.C. § 154(b)(1). Conversely, the USPTO can reduce a patent term...more

USPTO Publishes Updated Guidance for Making Proper Obviousness Determinations

McDonnell Boehnen Hulbert & Berghoff LLP on 3/5/2024

On February 27, 2024, the U.S. Patent and Trademark Office published its Updated Guidance for Making a Proper Determination of Obviousness ("Guidance") in the Federal Register. The stated goal of the Guidance is...more

Fed. Cir. Directs Dismissal of Ex Parte Reexam

Jones Day on 10/18/2021

On September 29, 2021, the Federal Circuit in In re: Vivint, Inc. (Fed. Cir. 2021) held that 35 U.S.C. § 325(d) applies to both inter partes review (IPR) petitions and requests for ex parte reexamination. Accordingly, the...more

Patent Application Declarations for Unavailable or Uncooperative Inventors

Mintz - Intellectual Property Viewpoints on 9/15/2020

Increased employee mobility, health challenges, and the economic downturn due to the COVID-19 pandemic may result in more inventors than usual being unavailable to sign declarations for patent applications as required by the...more

October 2019 Patent Eligibility Guidance Update

Faegre Drinker Biddle & Reath LLP on 11/18/2019

Earlier this year, the United States Patent and Trademark Office (USPTO or “the Office”) published the 2019 Revised Subject Matter Eligibility Guidance (2019 PEG), which set forth newly revised procedures to be used by USPTO...more

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