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United States Patent and Trademark Office › Guidance Update

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 -
WilmerHale

PTAB/USPTO Update - August 2024

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On July 7, the Senate passed a resolution “[r]ecognizing the importance of trademarks in the economy and the role of trademarks in protecting consumer safety, by designating the month of July as ‘National Anti-Counterfeiting...more

A&O Shearman

USPTO Updates Guidance On Patent Subject Matter Eligibility For AI And Other Emerging Technologies

A&O Shearman on

On July 16, 2024, the United States Patent and Trademark Office (“USPTO”) issued new guidance on the patentability of AI-related inventions. Although the USPTO emphasized that its guidance does not change the law of 35 U.S.C....more

Fish & Richardson

USPTO Updates Eligibility Guidance on AI Inventions

Fish & Richardson on

On July 17, the USPTO published an update to the patent eligibility guidance and added three new examples to aid practitioners and examiners in determining whether a claimed invention is eligible subject matter under Section...more

AEON Law

Patent Poetry: Patent Office Updates Eligibility Guidance on AI Inventions

AEON Law on

The US Patent and Trademark Office (USPTO) has updated its Subject Matter Eligibility Guidance to address artificial intelligence (AI) and other emerging technologies. This is in response to President Biden’s Executive...more

Foley & Lardner LLP

USPTO Clarifies Patent-Eligibility Guidelines for AI Inventions

Foley & Lardner LLP on

Recognizing a need for clarity in evaluating patent eligibility under 35 U.S.C. § 101 for critical and emerging technologies, including artificial intelligence (AI) innovations, the U.S. Patent and Trademark Office (USPTO)...more

McDonnell Boehnen Hulbert & Berghoff LLP

USPTO Publishes Updated Subject Matter Eligibility Guidance Focusing on AI

McDonnell Boehnen Hulbert & Berghoff LLP on

As required by President Biden's Executive Order 14110 ("Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence"), the U.S. Patent and Trademark Office has published an update to its subject matter...more

Womble Bond Dickinson

Overhaul of the Rosen-Durling Test: A New Era for Design Patent Obviousness

Womble Bond Dickinson on

In the recent case of LKQ Corporation v. GM Global Technology Operations LLC, the en banc (for the first time in five years) Federal Circuit overruled the long-established Rosen-Durling test used for evaluating the...more

Womble Bond Dickinson

USPTO Issues Updated Examination Guidance After Federal Circuit Overhauls Test for Design Patent Obviousness

Womble Bond Dickinson on

The United States Patent and Trademark Office (USPTO) has issued a Memorandum to the Corps of Patent Examiners (the “Guidance”), attempting to provide clarity in the wake of the Federal Circuit’s highly anticipated en banc...more

Foley & Lardner LLP

USPTO Issues Updated Guidance on Obviousness

Foley & Lardner LLP on

For the first time in nearly 15 years, the U.S. Patent and Trademark Office (USPTO) has issued “Updated Guidance for Making a Proper Determination of Obviousness” under the U.S. Supreme Court’s ruling in KSR Int’l Co. v....more

McDermott Will & Emery

New PTO Guidance: Use KSR Flexible Approach to Obviousness

McDermott Will & Emery on

On February 27, 2024, the US Patent & Trademark Office (PTO) published updated guidance for examiners on how to make a proper determination of obviousness. The guidance expands upon and reinforces the legal framework for...more

WilmerHale

PTAB/USPTO Update - March 2024

WilmerHale on

On February 13, the USPTO issued inventorship guidance for AI-assisted innovations. The guidance, effective as of February 13, 2024, emphasizes that AI-assisted inventions are not categorically unpatentable and the...more

Womble Bond Dickinson

New USPTO Obviousness Guidelines Seek to Refine Examiner Evaluations Likely Making Path to Patent Grant More Difficult and...

Womble Bond Dickinson on

On February 27, the United States Patent and Trademark Office (USPTO) released new guidance aimed at enhancing the methodology used to assess the obviousness of patent applications. The updated USPTO guidance emphasizes the...more

Foley & Lardner LLP

USPTO Provides Updated Guidance on the Use of Applicant Admitted Prior Art

Foley & Lardner LLP on

U.S. Patent and Trademark Office (USPTO) Director Kathi Vidal recently altered a decision by the Patent Trial and Appeal Board (PTAB) to address the use of applicant admitted prior art (AAPA) in inter partes review (IPR)...more

Goodwin

Year in Review: Top U.S. Biosimilars-Related Regulatory Developments of 2021

Goodwin on

As 2021 comes to a close, Big Molecule Watch reviews the top five biosimilar regulatory developments of the year... President Biden Signs Orange Book Transparency Act - In January, we reported that President Biden...more

Perkins Coie

Practice Tips for USPTO Patent Eligibility Guidelines

Perkins Coie on

The U.S. Patent and Trademark Office released Revised Patent Subject Matter Eligibility Guidance (PEG) in January 2019, then released an update (PEG Update) in October 2019 to clarify certain issues in the PEG. The PEG and...more

Haug Partners LLP

USPTO Issues Revised Guidelines Regarding Trademark Rule Changes—Owner E-mail Requirement Changed

Haug Partners LLP on

On February 15, 2020, a rule change went into effect requiring trademark Applicants and Registrants to list a working email address at the USPTO. As originally written, the rule stated that the email address must be owned...more

Sheppard Mullin Richter & Hampton LLP

Machine Learning Patentability in 2019: 5 Cases Analyzed and Lessons Learned Part 2

Sheppard Mullin Richter & Hampton LLP on

This article is the second in a five-part series. Each of these articles relates to the state of machine-learning patentability in the United States during 2019. Each of these articles describe one case in which the PTAB...more

McDermott Will & Emery

PTAB Issues Updated Trial Practice Guide: Yearly Updates Expected

McDermott Will & Emery on

On November 20, 2019, the Patent Trial and Appeal Board (PTAB) issued updated guidance for trial procedures in inter partes review (IPR) and post grant review (PGR) proceedings at the US Patent and Trademark Office in the new...more

McDermott Will & Emery

PTO Releases Patent Eligibility Guidance Update

McDermott Will & Emery on

On October 18, 2019, in view of comments received, the US Patent and Trademark Office (PTO) issued an update to the 2019 Patent Eligibility Guidance (PEG), which became effective January 2019. The update is similar to the...more

Faegre Drinker Biddle & Reath LLP

October 2019 Patent Eligibility Guidance Update

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Earlier this year, the United States Patent and Trademark Office (USPTO or “the Office”) published the 2019 Revised Subject Matter Eligibility Guidance (2019 PEG), which set forth newly revised procedures to be used by USPTO...more

Knobbe Martens

Trends and Changes in View of the USPTO’s Updated Revised Guidance (Presentation)

Knobbe Martens on

Partner Mauricio Uribe hosted a webinar presenting, "Trends and Changes in View of the USPTO's Updated Revised Guidance." Topics Include: • Summary of the October 2019 Update to the Revised Guidance •...more

Foley & Lardner LLP

USPTO October 2019 Patent Eligibility Guidance Update Includes New Example for Products of Nature

Foley & Lardner LLP on

We previously discussed the new personalized medicine example in the USPTO’s October 2019 Patent Eligibility Guidance Update. Here, we look at the new nature-based product example, and consider how it may impact...more

Foley & Lardner LLP

USPTO October 2019 Patent Eligibility Guidance Update Includes New Guidance And Examples For Life Sciences

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The USPTO has released additional patent eligibility guidance to supplement the guidance released in January. While much of the October 2019 Patent Eligibility Guidance Update relates to claims falling under the “abstract...more

Foley & Lardner LLP

New Patent Subject Matter Eligibility Updates Seeks Examination Predictability

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On October 17, 2019, the USPTO issued new patent subject matter eligibility guidance, the first such memo since the January 2019 guidance on 35 U.S.C. §101. The January 2019 memo described a three step, two prong procedure...more

Knobbe Martens

Effect of USPTO’s October 2019 101 Guidance

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The USPTO has released updated subject matter eligibility guidance that incorporates comments on the changes made in January 2019.The guidance is 22 pages long, with three appendices and 87 footnotes. Below are a few of the...more

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