News & Analysis as of

Patents Intellectual Property Protection Patent Examinations

Lathrop GPM

USPTO Announces Patent Fee Hikes for 2025

Lathrop GPM on

The United States Patent and Trademark Office (USPTO) announced on Wednesday that patent-related fees will be raised starting January 19, 2025 to offset forecasted increases in operating cost....more

Kilpatrick

5 Key Takeaways | Alice at 10: A Section 101 Update

Kilpatrick on

It’s been 10 years since Alice was decided. Kilpatrick’s Steve Borgman and Andrew Saul recently presented at the 29th Annual Advanced Patent Law Institute in Austin, Texas, on recent cases and trends in the courts and the...more

Quarles & Brady LLP

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

Quarles & Brady LLP on

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

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

Troutman Pepper Locke

Discontinuation of AFCP 2.0: Strategic Adjustments for Patent Applicants

Troutman Pepper Locke 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

Strafford

[Webinar] USPTO Examiner Interview Strategies: Preparing for and Conducting Interviews to Advance Patent Prosecution - June 27th,...

Strafford on

This CLE course will guide patent counsel on leveraging interviews with the United States Patent and Trademark Office (USPTO) patent examiners to prosecute patents more efficiently. The panel will provide insight into...more

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

Strategies for Successful Patent Owner Reexamination Requests

Takeaways: - Patent owner requested reexaminations are not an admission of claim unpatentability. - Patent owners can and should control the reexamination request narrative. Patent owners must consider the pros and...more

Kilpatrick

Updated Guidelines for Patent Examination in the European Patent Office Create Uncertainty for Patentability of AI Technology

Kilpatrick on

On March 1, 2024, updated Guidelines for Examination (“Guidelines”) in the European Patent Office (“EPO”) went into effect. The updated Guidelines included substantive changes with broad implications for the patentability of...more

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

Fixing Unintentional Duty of Disclosure and Candor Issues Through Supplemental Examination

A significant procedure for patent owners, Supplemental Examination, was established in the 2012 America Invents Act when Congress determined there should be a proceeding to turn events that in the past could lead to...more

Procopio, Cory, Hargreaves & Savitch LLP

Artificial Intelligence the Focus of New USPTO Patent Examiner Guidance

The burgeoning artificial intelligence (AI) sector received a boost late last year with President Biden’s “Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence.” It directed the...more

Foley & Lardner LLP

When Will the LLM Patent Wave Hit?

Foley & Lardner LLP on

Major technology paradigm shifts are typically followed by a wave of patent application filings. If you don’t believe that, a quick patent search will validate this for your technology of choice. What you’ll also find is...more

Knobbe Martens

USPTO Says Wands Still Controls Enablement Analysis Post-Amgen

Knobbe Martens on

On January 9, 2024, the USPTO published guidelines for its patent examiners when evaluating compliance with the enablement requirement in light of the U.S. Supreme Court’s recent decision in Amgen Inc. et al. v. Sanofi et...more

MoFo Tech

Top 10 Considerations In Licensing Cleantech Innovations

MoFo Tech on

Spurred by both planetary and economic needs, the industry commonly referred to as “cleantech”—short for “clean technology”—has been on the rise. Current estimates predict clean energy technologies could dominate oil and gas...more

McDonnell Boehnen Hulbert & Berghoff LLP

Congress’ latest attempt to address subject matter eligibility

Through the vicissitudes of the continuing chaos of subject matter eligibility, Senators Coons and Tillis have been steadfast in attempting to provide a legislative solution. They chaired a series of Congressional hearings in...more

McDonnell Boehnen Hulbert & Berghoff LLP

Senators Tillis and Coons Once More Attempt to Fix Patent Eligibility

Patent eligibility is broken. The only semi-cogent arguments that I have ever heard in support of the status quo is that the U.S. Patent and Trademark Office issues too many broad, vague patents, and that 35 U.S.C. § 101...more

McDonnell Boehnen Hulbert & Berghoff LLP

PTAB Remains Hostile to Section 101 Appeals

There is ample evidence that patent examiner allowance rates vary dramatically from examiner to examiner and art unit to art unit.[1]  This has resulted in the general understanding that there are "easy" examiners and "tough"...more

Dickinson Wright

New USPTO Fee Schedule Reduces Costs for PCT Patent Filings and Small and Micro Entities

Dickinson Wright on

The enactment of the Consolidated Appropriations Act, 2023 includes the Unleashing American Innovators Act of 2022 (UAIA), directed toward increasing innovation of small businesses and inventors in America. Congress is using...more

Stikeman Elliott LLP

Patent Rules Amendments In Force as of October 3, 2022, Reflecting Canada’s Commitments Under CUSMA

Stikeman Elliott LLP on

On October 3, 2022, the majority of the amendments introduced by the Rules Amending the Patent Rules on June 2, 2022, came into force and effect. The amendments aim to streamline the patent examination process and bring...more

McDonnell Boehnen Hulbert & Berghoff LLP

Senator Tillis' Patent Eligibility Reform Proposal: A Biopharma Perspective

Senator Thom Tillis (R-NC) introduced S. 4734, entitled "A Bill to amend Title 35, U.S. Code, to address matters relating to patent subject matter eligibility, and for other purposes" last night, as was discussed in an...more

McDonnell Boehnen Hulbert & Berghoff LLP

USPTO Director's Blog Post Extolling Certainty in § 101 Determinations Paradoxically Increases Uncertainty

Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the U.S. Patent and Trademark Office (at right) released a blog post on the USPTO's Director's Blog on Monday addressing the fraught subject...more

International Lawyers Network

High Court of Delhi extends statutory deadline for filing response to FER in European Union’s patent applications

In the recent case of The European Union vs. Union of India and Ors., W.P.(C)-IPD 5/2022 and W.P.(C)-IPD 6/2022, the Petitioner (European Union) filed two writ petitions against two orders passed by the Controller General of...more

Smart & Biggar

New rules: Request examination of Canadian patent applications before October 3, 2022

Smart & Biggar on

Rules amending the Patent Rules1 were registered on June 2, 2022 and will largely come into force on October 3, 2022. The rules introduce claim fees and a continued examination scheme to Canadian patent practice and are...more

Kilpatrick

Pushing Boundaries When Patenting Ranges

Kilpatrick on

Inventions with numerical ranges are valuable across different technologies. Obtaining claims with numerical ranges provide competitive advantages to patent owners. Frequently, a claimed range in an application may need to be...more

BakerHostetler

Considerations For Applicants and Practitioners Due to Recent EPC Guidelines Regarding Description Amendment Requirements

BakerHostetler on

Article 84 of the European Patent Convention (EPC) requires that the claims of a European patent application “shall define the matter for which protection is sought” and “shall be clear and concise and be supported by the...more

Knobbe Martens

Federal Circuit Newsletter - January 2022 (Chinese)

Knobbe Martens on

避而不谈可能支持否定性权利要求限定 - 在 Novartis Pharmaceuticals 诉 Accord Healthcare Inc. 一案(上诉案件编号:21- 1070)中,联邦巡回上诉法院认为,一项对药物“速效剂量”避而不谈的专利申请,为要求不存在此类剂量的否定 性权利要求限制提供了书面说明支持。 ...more

85 Results
 / 
View per page
Page: of 4

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide