Motions to Amend: PTO Pilot Program Extended - Patents: Post-Grant Podcast
Five Impactful USPTO Procedural Developments for Patent Practitioners
On October 18, 2024, the USPTO’s final rule regarding Motion to Amend (“MTA”) practice and procedures in trial proceedings under the America Invents Act became effective. The rule makes permanent several MTA pilot program...more
Every month, Erise’s patent attorneys review the latest inter partes review cases and news to bring you the stories that you should know about: USPTO Issues Final Rules on PTAB Procedure - The U.S. Patent and...more
The U.S. Patent and Trademark Office (USPTO) has officially announced that the After Final Consideration Pilot Program 2.0 (AFCP 2.0) will soon be laid to rest. In a notice dated October 1, 2024, the USPTO confirmed that the...more
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
This week, the U.S. National Science Foundation (NSF) alongside public and private sector collaborators launched the National Artificial Intelligence Research Resource (NAIRR) pilot program. NAIRR seeks to advance AI...more
In Medytox, Inc. v. Galderma S.A, the Federal Circuit affirmed a Final Written Decision of the Patent Trial and Appeal Board (“Board”) that found Medytox’s proposed substitute claims invalid and denied Medytox’s motion to...more
Medytox, Inc. v. Galderma S.A., Appeal No. 2022-1165 (Fed. Cir. June 27, 2023) In this week’s Case of the Week, the Federal Circuit upheld an application by the Patent Trial and Appeal Board of its Pilot Program...more
In June 2022, the US Patent and Trademark Office (“USPTO”) launched the Climate Change Mitigation Pilot Program (the “Program”). This program was enacted to support President Biden’s January 27, 2021 Executive Order, which...more
The United States Patent and Trademark Office launched the Climate Change Mitigation Pilot Program last year to incentivize the filing of patent applications that cover technologies directed to climate change mitigation. With...more
In a Patent Alert email distributed to stakeholders last month, the U.S. Patent and Trademark Office announced the replacement of four legacy search tools -- the Public-Examiner's Automated Search Tool (PubEAST),...more
In a notice published last week in the Federal Register (87 Fed. Reg. 33750), the U.S. Patent and Trademark Office announced the implementation of the Climate Change Mitigation Pilot Program, "which is designed to positively...more
[co-author: Jamie Dohopolski] Love it or hate it, ignore the USPTO Patent Trial and Appeal Board (PTAB) at your peril. The introduction of the PTAB as part of the America Invents Act over ten years ago has forever changed...more
Updated First Office Action Estimator Tool Now Available - In a Patent Alert email distributed earlier today, the U.S. Patent and Trademark Office announced that an updated First Office Action Estimator online tool is now...more
The US Patent and Trademark Office is implementing a pilot program to allow participating applicants to defer responding to subject matter eligibility rejections until the earlier of a final disposition of the application, or...more
USPTO Delays Fee for Failure to File Applications in DOCX Format - In a notice published in the Federal Register earlier today (86 Fed. Reg. 66192), the U.S. Patent and Trademark Office announced that it was delaying the...more
As the world pivoted to navigate obstacles brought on by the COVID-19 pandemic, the USPTO not only adapted to address the challenges, but appeared to make the most of this period by improving existing procedures. Partner...more
Two Pilot Programs for Compact Prosecution – First Action Interview and After Final Consideration Pilot Programs - Streamlining and accelerating patent prosecution are goals of both the USPTO and stakeholders. The USPTO has...more
Building a patent portfolio is an important part of new product development. For many startups, patents help credential their technology and attract investment. However, backlogs at the U.S. Patent and Trademark Office...more
In light of the many recent changes surrounding Post Grant Proceedings, below is an overview of the most recent changes and their potential impact to your business....more
In This Issue - Gender Diversity in Patenting: Current Landscape and Recommendations - The gender gap in patenting is a current challenge that companies face. While this issue seems pervasive, companies and lawyers can...more
Intellectual property protection, particularly patent protection, is important for many companies, and the ability to speed up the patenting process may be essential for a variety of reasons. For instance, one or more issued...more
USPTO Extends After Final Consideration Pilot 2.0 Program - Last week, the U.S. Patent and Trademark Office indicated on its website and through a Patents Alert e-mail that the After Final Consideration Pilot 2.0 (AFCP...more
The September issue of Sterne Kessler's MarkIt to Market™ newsletter discusses considerations when filing a petition under the USPTO pilot program, outlines what you should know when protecting a trademark for wearable...more