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 -

For adults only: A peep at immoral and scandalous marks in the US

The landmark case, Matal v. Tam, forever altered the innocence of the trademark landscape. The case, interestingly enough, involved a musical group wanting to trademark a seemingly disparaging mark. ...more

Overlooked Changes To Patent Cooperation Treaty Practice - Law360

The recent Actelion Pharmaceuticals Ltd. case brought to light a little-known quirk in how national stage patent applications affect the length of one’s patent term. That case involved a drug company losing five days of...more

USPTO Seeks to Change BRI Patent Claim Construction Standard

by Polsinelli on

The United States Patent Trademark Office announced on May 8 that it proposes to replace the broadest reasonable interpretation (“BRI”) standard for construing unexpired patents with the same standard used in Federal district...more

PTAB Strategies and Insights - May 2018

The PTAB Strategies and Insights newsletter is designed to increase return on investment for all stakeholders looking at the entire patent life cycle in a global portfolio. This month, we are please to introduce our new...more

Anacor Pharmaceuticals, Inc. v. Iancu (Fed. Cir. 2018)

On Monday, May 14, 2018, the Federal Circuit affirmed the determination by the U.S. Patent and Trademark Office's Patent Trial and Appeal Board in an inter partes review that claim 6 of U.S. Patent No. 7,582,621 is...more

USPTO Proposes Change In Claim Construction Standard For PTAB Proceedings Under The AIA

by Weintraub Tobin on

Currently, the standard for claim construction is different in AIA reviews before the United States Patent and Trademark Office’s (“USPTO”) Patent Trial and Appeal Board (“PTAB) than in proceedings in federal district courts...more

U.S. + Germany Patent Newsletter

by Hogan Lovells on

Supreme Court Upholds Constitutionality of IPRs, Requires PTAB to Decide Validity of All Challenged Claims - Oil States Energy Services v. Greene’s Energy Group & SAS Institute v. Iancu (24 April 2018)....more

Observations: Three Weeks After Supreme Court’s SAS Institute Decision

by Jones Day on

Anyone reading this post is likely well aware that on April 24 the Supreme Court put an end to the PTAB’s practice of instituting inter partes review (IPR) on less than all claims challenged in an IPR petition in SAS...more

4 KEY TAKEAWAYS: “Patents: Developing Issues in Post Grant Patent Challenges”

Kilpatrick Townsend partner Justin Krieger recently spoke at the North Carolina Bar Association’s “2018 Intellectual Property Law Section Annual Meeting and Litigation Section Joint CLE” in Raleigh, North Carolina. Mr....more

Do Patents Really Drive Innovation and Value

by Dorsey & Whitney LLP on

On Wednesday, May 16, 2018, Dorsey is hosting a panel entitled “Do Patents Really Drive Innovation and Value?” It’s been a question that we’ve grappled with as outside counsel for many innovators and technology-driven...more

Fresh From the Bench: Latest Federal Circuit Court Cases

PATENT CASE OF THE WEEK - WesternGeco LLC v. Ion Geophysical Corp., Appeal Nos. 2016-2099, -2100, -2101, -2332, -2333, -2334 (Fed. Cir. May 7, 2018) - In an appeal from an inter partes review, the Federal Circuit...more

Gidget Goes Abandoned (the trademark registrations, that is)

by Dorsey & Whitney LLP on

May 7 was no day at the beach for Multi-Media Tech. Ventures, Ltd., whose registrations for the mark GIDGET were cancelled in a precedential opinion by the Trademark Trial and Appeal Board. Yazhong Investing, Ltd. v....more

USPTO Patent Public Advisory Meeting - Highlights

by Polsinelli on

The USPTO's PPAC Quarterly Meeting took place on May 3 at its headquarters in Alexandria, Virginia. Various topics affecting the USPTO, prosecution practice, and PTAB proceedings were discussed as an effort to open dialog...more

USPTO Doesnt Believe Anyone Will Celebrate Drai Day

by Barley Snyder on

Pennsylvania gynecologist and obstetrician Dr. Draion M. Burch – who often goes by the moniker “Dr. Drai” in marketing his practice – doesn’t produce hit hip-hop records. ...more

USPTO Proposes Change In Claim Construction Standard For Post-Grant Proceedings

by Pepper Hamilton LLP on

On May 9, 2018, U.S. Patent and Trademark Office (PTO) issued a notice of proposed rule for changing the standard for construing claims in unexpired patents in inter partes review (IPR), post-grant review (PGR), and...more

Patent Office Improves Ability of Applicants to Overcome Eligibility Rejections

by LeClairRyan on

Following the Federal Circuit’s recent decision in Berkheimer v. HP Inc., the United States Patent and Trademark Office (“Office”) has revised the examination procedures to place a higher burden on examiners rejecting claims...more

USPTO Director’s Alleged Conflict Not Imputed to PTAB Administrative Patent Judges

by Jones Day on

The Patent Trial and Appeals Board (PTAB) recently denied a Motion to Dismiss asserting the presence of a conflict of interest of USPTO Director Andrei Iancu. In St. Jude Medical, LLC. v. Snyders Heart Valve LLC, the Patent...more

USPTO Updates Patent Eligibility Guidance in View of Federal Circuit Berkheimer Opinion

The U.S. Patent and Trademark Office (USPTO) recently issued a memorandum to its patent examining corps that changes the way examiners should evaluate the question of whether a claim element is “well-understood, routine,...more

New Proposal Would Create Consistent Standard Between USPTO and District Courts for Interpreting Patent Claims

On May 8, the United States Patent and Trademark Office (USPTO) announced a proposed change to how it will handle challenges to patents. In essence, the proposal would result in a consistent claim construction standard...more

USPTO Proposes Phillips-Type Claim Construction For Post Grant Proceedings at the PTAB

by Knobbe Martens on

The USPTO published a Notice of Proposed Rulemaking on May 9, 2018 seeking to change the claim construction standard for PTAB trials from the current broadest reasonable interpretation (BRI) to the claim construction standard...more

USPTO Proposed Rule Change to Adopt the Same Standard for Interpreting Claims in AIA Trials as the US District Courts and ITC

The big news of this week in the U.S. patent world is the publication of the Notice of Proposed Rule Making (NPRM) by the U.S. Patent & Trademark Office (USPTO) on May 9, 2018, for “Changes to the Claim Construction Standard...more

USPTO Director Addresses U.S. Patent System's Decline in U.S. Chamber of Commerce Worldwide Patent Protection Rankings

At the U.S. Chamber of Commerce Patent Policy Conference last month, U.S. Patent and Trademark Office (USPTO) Director Andrei Iancu (at right) gave a keynote address on the role of U.S. patent policy in domestic innovation...more

M22/Michigan Road Sign Dispute: The Saga Continues

My first post on this blog, nearly two years ago, was about a trademark dispute between the State of Michigan, and a Michigan company, M22, LLC.  M22 sells a variety of merchandise bearing an “M22” mark that appears similar...more

SAS Institute Follow-Up: New PTAB Procedures and Strategies

by Latham & Watkins LLP on

The PTAB’s new guidance in light of a recent Supreme Court ruling changes the dynamics for patent owners and petitioners. Key Points: ..Partial institutions are no longer permitted. The PTAB will review all petitioned...more

PTAB Proposes Adopting Narrower Phillips Claim Construction Standard

Consistent with Director Iancu’s goal of providing greater predictability and certainty in the US patent system, the US Patent and Trademark Office (USPTO) on Tuesday proposed a new rule to change the standard for claim...more

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