News & Analysis as of

United States Patent and Trademark Office

The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.... more +
The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.    less -
McDonnell Boehnen Hulbert & Berghoff LLP

In re Cellect in View of Supreme Court's "Long Conference" – Part II

McDonnell Boehnen Hulbert & Berghoff LLP on

In view of the Supreme Court's "long conference" on September 30th, it seems timely to review the arguments, pro, con, and amicus briefs submitted to the Court asking for certiorari over the Federal Circuit's In re...more

Jones Day

PTO Promotes Judicial Independence in Final PTAB Rule

Jones Day on

On June 12, 2024, the USPTO issued a final rule governing the pre-issuance circulation and review of decisions within the PTAB. This formalized current USPTO procedures within the Standard Operating Procedure (SOP4) adopted...more

AEON Law

Patent Poetry: Patent Office Says Coding Error Affected PTA Determinations

AEON Law on

The US Patent and Trademark Office (USPTO) has announced that a recent update to its software “introduced a coding error into the patent term adjustment software the agency uses to perform patent term adjustment (PTA)...more

Lowenstein Sandler LLP

USPTO Announces December 14, 2024 for Expiration of After Final Consideration Pilot Program 2.0

Lowenstein Sandler LLP on

On September 30, 2024, the United States Patent and Trademark Office (USPTO) announced that the last day of the After Final Consideration Pilot Program 2.0 (AFCP 2.0) is set for December 14, 2024.1 The program was set to run...more

Foley & Lardner LLP

USPTO Puts an End to After-Final Pilot Program

Foley & Lardner LLP on

The U.S. Patent and Trademark Office (USPTO) has announced that its “After Final Consideration Pilot Program 2.0” (“AFCP 2.0”) will come to an end on December 14, 2024. First rolled out in 2013, the program was part of USPTO...more

DarrowEverett LLP

Super Hero No More: How Marvel and DC Lost Their Trademark on a Genre

DarrowEverett LLP on

I distinctly remember purchasing the Superman/Spiderman team-up when it came out in 1981. It was an oversized comic book, with heavier than usual pages and a vibrant color scheme, and that made it perfect for laying it out on...more

Troutman Pepper

Discontinuation of AFCP 2.0: Strategic Adjustments for Patent Applicants

Troutman Pepper 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

Akin Gump Strauss Hauer & Feld LLP

Federal Circuit Upholds USPTO Authority to Estop Patentees from Obtaining Patent Claims 'Not Patentably Distinct' from Previously...

Akin Gump Strauss Hauer & Feld LLP on

The Federal Circuit recently upheld the USPTO’s authority under the estoppel provision 37 C.F.R. § 42.73(d)(3)(i) to prohibit a patent owner from obtaining patent claims that are not patentably distinct from claims previously...more

Procopio, Cory, Hargreaves & Savitch LLP

Overcoming Obstacles to Securing Patents for AI-Related Inventions

Procopio, Cory, Hargreaves & Savitch LLP on

Companies in multiple industries are experimenting with artificial intelligence to generate specific solutions to long-standing challenges. To this end, numerous companies are filing patent applications for inventions...more

McDermott Will & Emery

Chickening Out: Reason for Trademark Abandonment Irrelevant Without Proof of Intent to Resume

McDermott Will & Emery on

The US Court of Appeals for the First Circuit affirmed a district court’s summary judgment decision finding that the prior owner of a trademark for fresh chicken had abandoned the mark by failing to use it for three years and...more

Womble Bond Dickinson

It’s a Bird, It’s a Plane - It’s in the Public Domain! USPTO Cancels Marvel and DC Comics’ Trademarks for SUPER HERO and SUPER...

Womble Bond Dickinson on

The U.S. Patent and Trademark office has done what Thanos and Lex Luthor never could—defeat the larger than life combined forces of Marvel and DC. Despite being well-known rivals, DC (Batman, Superman, Wonder Woman and...more

Fenwick & West LLP

Understanding the Significant Changes in Vidal's Final Rule on Director Review

Fenwick & West LLP on

The U.S. Patent and Trademark Office director, Kathi Vidal, released a final rule on Director Review effective October 31, which expands the director's authority to review a wide range of decisions made during PTAB...more

McDonnell Boehnen Hulbert & Berghoff LLP

In re Cellect in View of Supreme Court's "Long Conference"

McDonnell Boehnen Hulbert & Berghoff LLP on

In view of the Supreme Court's "long conference" on September 30th, it seems timely to review the arguments, pro, con, and amicus briefs submitted to the Court asking for certiorari over the Federal Circuit's In re...more

Baker Botts L.L.P.

Intellectual Property Report - October 2024

Baker Botts L.L.P. on

In 2023, global investments in energy transition projects surged to approximately $1.7 trillion. This unprecedented investment level underscores the transformative shift toward cleaner energy sources and technologies....more

BakerHostetler

USPTO Ending the After Final Consideration Pilot Program

BakerHostetler on

The U.S. Patent and Trademark Office (USPTO) recently announced that it will terminate the After Final Consideration Pilot Program (AFCP 2.0) and that December 14, 2024, will be the last date for applicants to submit requests...more

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

USPTO Issues Final Rule on Director Review of PTAB Decisions

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

On October 1, 2024, the USPTO published a new final rule, Rules Governing Director Review of Patent Trial and Appeal Board Decisions. 89 Fed. Reg. 79744 (October 1, 2024). The new rule codifies many aspects of the PTAB’s most...more

Foley & Lardner LLP

Act Quickly to Correct Recent USPTO Patent Term Adjustment Errors

Foley & Lardner LLP on

The U.S. Patent and Trademark Office (USPTO) has revealed “a coding error” in the software used to calculate Patent Term Adjustment (PTA) awards that may have impacted patents issued from March 19, 2024, through July 30,...more

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

Expiration of the After Final Consideration Pilot Program 2.0

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

Based on feedback from the public on the use of After Final Consideration Pilot Program 2.0 (AFCP 2.0) and hesitancy to accept the U.S. Patent and Trademark Office’s proposal for a new fee to participate in AFCP 2.0, the...more

Baker Botts L.L.P.

Developing IP Issues in Energy Technology and Renewables

Baker Botts L.L.P. on

In 2023, global investments in energy transition projects surged to approximately $1.7 trillion. This unprecedented investment level underscores the transformative shift toward cleaner energy sources and technologies....more

MoFo Life Sciences

Beyond Final Rejection: What’s Next For Patent Prosecution After USPTO Terminates Its After Final Consideration Program?

MoFo Life Sciences on

On October 1, 2024, the United States Patent and Trademark Office (USPTO) announced that it is terminating its After Final Consideration Pilot Program 2.0 (AFCP 2.0), which is set to expire on December 14, 2024. The...more

Brownstein Hyatt Farber Schreck

USPTO to End AFCP 2.0 Program

Brownstein Hyatt Farber Schreck on

Since 2012, the United States Patent and Trademark Office (USPTO) has provided patent applicants and examiners an opportunity to continue collaborative prosecution after a final rejection has been received through the After...more

Flaster Greenberg PC

Chevron’s Demise and Its Effect on Intellectual Property & Its Governing Agencies

Flaster Greenberg PC on

For many, the demise of Chevron – the doctrine by which agencies enjoy deference in interpreting ambiguous statutes – has long been coming. While Chevron’s demise, and the resulting resurgence of Skidmore, is likely to lead...more

Fenwick & West LLP

Key Federal Circuit Patent Rulings Impacting Your Business - Recent Rulings

Fenwick & West LLP on

In Wisconsin Alumni Research Foundation v. Apple, the Federal Circuit expanded the preclusive effect of non-infringement rulings. It ruled that prior judgments of non-infringement can prevent follow-on lawsuits involving...more

Fox Rothschild LLP

USPTO to Terminate AFCP 2.0 Program Effective Dec. 14

Fox Rothschild LLP on

The U.S. Patent and Trademark Office (USPTO) is terminating the After Final Consideration Pilot Program 2.0 (AFCP 2.0), which provided examiners additional time to search and/or consider responses following final rejection of...more

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

The Dilemma with Patent Owner Statements Post-Reexamination Order

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

Takeaways: 1. Patent owner statements present both risks and limited opportunities. 2. Waiving the patent owner statement shortens overall reexamination proceeding pendency. Every third party requester ex parte...more

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