News & Analysis as of

United States Patent and Trademark Office Good Faith

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 -
Robinson+Cole Data Privacy + Security Insider

USPTO Issues Guidance on Use of AI Based Tools

The U.S. Patent and Trademark Office (USPTO) issued guidance on the use of AI-based tools to prepare and prosecute patent and trademark applications. This announcement supplements the previous guidance issued in February....more

WilmerHale

USPTO Issues Guidance on Using Artificial Intelligence Tools

WilmerHale on

On April 10, 2024, the United States Patent and Trade Office (USPTO) announced guidance regarding the use of artificial intelligence (AI) tools before the USPTO. ...more

Fish & Richardson

USPTO Launches Semiconductor Technology Pilot Program

Fish & Richardson on

On December 1, the United States Patent and Trademark Office launched the Semiconductor Technology Pilot Program. As part of the Office’s efforts to support the Creating Helpful Incentives to Produce Semiconductors (CHIPS)...more

Akin Gump Strauss Hauer & Feld LLP

USPTO Pilot Program Expedites Examination of Patent Applications Directed to Semiconductor Manufacturing In Support of CHIPS Act

Key Takeaways - To support the CHIPS Act of 2022, the USPTO initiated a pilot program that provides expedited examination of certain patent applications directed to manufacturing semiconductor devices, potentially reducing...more

Goodwin

Issue 42: PTAB Trial Tracker

Goodwin on

The availability of post-grant proceedings at the Patent Trial and Appeal Board (PTAB) has changed the face of patent litigation. This periodic digest is designed to keep you up-to-date by highlighting interesting PTAB,...more

Fish & Richardson

What to Know About the USPTO’s Duty of Candor Guidance Regarding FDA Submissions

Fish & Richardson on

​​​​​​​By now you have seen multiple reports discussing the PTO’s Notice of July 29, 2022, relating to the duties of candor and good faith. Federal Register, Vol. 87, No. 145, July 29, 2022....more

Goodwin

The USPTO’s Increasing Focus on FDA Submissions and the Duty of Disclosure

Goodwin on

​​​​​​​The United States Patent and Trademark Office (USPTO) imposes a Duty of Disclosure, Candor and Good Faith (Duty of Disclosure) on all individuals associated with the filing and prosecution of a patent application...more

Fitch, Even, Tabin & Flannery LLP

USPTO Issues Guidance on Prophetic Examples

On July 1, the USPTO published a notice in the Federal Register with guidance regarding the proper presentation of prophetic and working examples in a patent application. Prophetic examples (sometimes referred to as “paper...more

Akin Gump Strauss Hauer & Feld LLP

Ever-Changing Inventorship Dispute Heads to Bench Trial

In a case of twisting facts, a trial judge has denied a plaintiff’s motion to correct inventorship to add an inventor to a patent because that plaintiff previously asked the PTO to remove that same inventor from the patent...more

McDermott Will & Emery

PTAB Clarifies Requirements for Claim Amendments - MasterImage 3D, Inc. and MasterImage 3D Asia, LLC v. RealD Inc.

In an order perhaps indicating that the tide is turning for patent owners seeking to amend claims in inter partes review (IPR), an expanded panel of the Patent Trial and Appeal Board (PTAB or Board) provided clarification as...more

King & Spalding

Intellectual Property Newsletter - July 2013

King & Spalding on

In This Issue: - Good-faith Belief in Patent Invalidity Can Rebut Allegations of Induced Infringement - With the PTO’s cancellation of claims on reexam, a prior validity ruling goes poof - Grant of a Permanent...more

Orrick, Herrington & Sutcliffe LLP

Therasense Revisited: In re Rosuvastatin Calcium Patent Litigation

In the United States, patent applicants and their counsel owe a duty of candor and good faith to the Patent Office. This duty is breached when the applicant or its counsel knowingly fails to disclose material prior art...more

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