Category: Patent Office Rules & Procedures

  • By Josh Rich — Under a new PTO administrative rule published today, the PTAB will apply the same claim construction standards in IPRs, PGRs, and CBMs filed on November 13, 2018 or later as would apply in litigation.  83 Fed. Reg. 51340 (Oct. 11, 2018).  The PTAB will also consider claim construction decisions from litigation…

  • By Donald Zuhn — On Monday, the U.S. Patent and Trademark Office announced the implementation of a new authentication method for signing into the EFS-Web and Private PAIR.  According to the Office, the new method is safer and simpler, grants access to multiple USPTO systems with one consolidated sign-in, and eliminates the need to share…

  • By Kevin E. Noonan — U.S. Patent and Trademark Office Director Andrew Iancu gave the introductory keynote address at the 46th Annual Meeting of the Intellectual Property Owners (IPO) Association on Monday, and his talk provided the prospect of a Patent Office administration dedicated, as former Solicitor Nancy Linck advocated several years ago at a…

  • By Donald Zuhn — Earlier this month, the U.S. Patent and Trademark Office announced the latest winners of the Patents for Humanity program.  The Patents for Humanity program, which was launched by the Office in February 2012 as part of an Obama Administration initiative to promote game-changing innovations to solve long-standing development challenges, is a…

  • By Kevin E. Noonan — On August 8th, the U.S. Patent and Trademark Office issued revisions to its Patent Trial and Appeal Board (PTAB) Guide (see "Trial Practice Guide Update"), first promulgated in 2012 as part of the Office's implementation of inter partes review (IPR), post-grant review (PGR), and covered business methods review (CBM) proceedings…

  • By Joseph Herndon — On August 8, 2018, Director Iancu issued a letter to the Patent Public Advisory Committee notifying of proposed fee increases at the U.S. Patent and Trademark Office, and institution of new annual fee for active patent practitioners. The Director stated that the fee increases are needed to ensure commitment to fiscal…

  • By Donald Zuhn — In April, the U.S. Patent and Trademark Office issued a memorandum to its Patent Examining Corps discussing changes in examination procedure pertaining to subject matter eligibility in view of the Federal Circuit's decision in Berkheimer v. HP, Inc. (see "USPTO Updates Patent Eligibility Guidance in View of Berkheimer").  Following the issuance…

  • By Kevin E. Noonan – The World Intellectual Property Organization (WIPO) launched a pilot program on July 1st termed Collaborative Search and Examination (CS&E) that will enable an applicant to have searching performed by all five of the major global patent offices (the USPTO, European Patent Office (EPO), Chinese Patent Office (SIPO), Japan Patent Office (JPO),…

  • By Donald Zuhn — In a memorandum distributed to the patent examining corps last month by Robert W. Bahr, Deputy Commissioner for Patent Examination Policy at the U.S. Patent and Trademark Office, the Office addresses a recent decision by the Federal Circuit in Vanda Pharmaceuticals Inc. v. West-Ward Pharmaceuticals.  The memorandum notes that claims at…

  • By Donald Zuhn — The U.S. Patent and Trademark Office announced earlier today that it has issued U.S. Patent No. 10,000,000.  The '000 patent, entitled "Coherent Ladar Using Intra-Pixel Quadrature Detection," is directed to a frequency modulated (coherent) laser detection and ranging system, which the Office indicated "symbolizes the breadth of American invention, with applications…