News & Analysis as of

Patents Patent Applications Abandonment

WilmerHale

Federal Circuit Patent Watch: Prosecuting Attorney’s Knowledge of Abandonment Does Not Mean Patentee's Abandonment is Intentional

WilmerHale on

Precedential and Key Federal Circuit Opinions - 1.  FRESHUB, INC. v. AMAZON.COM, INC. [OPINION] (2022-1391, 2/26/2024) (Reyna, Taranto, and Chen) - Taranto, J. The Court affirmed the District Court’s decision 1)...more

Cozen O'Connor

Post-Abandonment Practice and Avoiding Inequitable Conduct

Cozen O'Connor on

Patent prosecution costs can weigh heavily on cash-strapped clients, who may still face USPTO rejections after spending significant money. Unfortunately (and often), cash-strapped clients are not responsive. And to be fair,...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

McDermott Will & Emery

USPTO Clarifies Practice for Reviving Unintentionally Abandoned Patent Applications and Patents

The US Patent and Trademark Office (USPTO) issued a Notice clarifying its practice as to situations that will require additional information about whether a delay in seeking the revival of an abandoned application, acceptance...more

McDonnell Boehnen Hulbert & Berghoff LLP

USPTO Issues Clarification Regarding Petitions Based on Unintentional Delay

Last week, the U.S. Patent and Trademark Office issued a notice in the Federal Register (85 Fed. Reg. 12222), in which the Office clarified its practice with respect to those situations where the Office will require...more

Foley & Lardner LLP

USPTO To Inquire Into 2 Year Delays

Foley & Lardner LLP on

As set forth in this March 2, 2020 Federal Register Notice and effective immediately, the USPTO is going to start inquiring into petitions to revive an abandoned application, accept a delayed maintenance fee payment, or...more

Smart & Biggar

Detailed overview of deadlines and requirements under the new Canadian Patent Rules coming into force on October 30, 2019

Smart & Biggar on

Recently, the government of Canada published the final version of the new Patent Rules (SOR/2019-251) in Canada Gazette, Part II on July 10, 2019. The new Rules and associated amendments to the Patent Act will come into force...more

Mintz - Intellectual Property Viewpoints

Pitfalls When Refiling a Priority Application under Article 4 of the Paris Convention

Patent applicants who have filed a priority application (such as a U.S. Provisional application) may wish to abandon and then refile that priority application to extend the time available for filing a utility application. ...more

Ladas & Parry LLP

United States Trade Secrets Law

Ladas & Parry LLP on

The America Invents Act (AIA) changes the traditional calculus in determining whether to seek patenting an invention or to maintain it as a trade secret. This shift in intellectual property protection is the result of two...more

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