Patent Law Weblog
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- Argentina Repeals Pharmaceutical Patent Examination Guidelines
- USPTO Moves to Protect Design Rights for Digital Innovations
- Judicial Conduct and Disability Committee Has Its Say, Denies Judge Newman’s Latest Request for Review
- PTAB Issues Judgment on Priority in CRISPR Interference
- Parties File Supplemental Priority Statements in CRISPR Interference
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Category: Patent Office Rules & Procedures
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By Andrew Williams — The U.S. Patent and Trademark Office published a notice of proposed Rulemaking in the Federal Register (83 Fed. Reg. 21221) today which would provide a change to the claim construction standard used in Inter Partes Reviews (IPRs), Post-Grant Proceedings (PGRs), and Covered Business Method Reviews (CBMs). Instead of the broadest reasonable…
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By Kevin E. Noonan — Well, that didn't take long. The U.S. Patent and Trademark Office issued Guidance today, just two days after the Supreme Court decision in SAS Institute Inc. v. Iancu came down, regarding how the Patent Trial and Appeal Board (PTAB) will apply the Court's mandate in that inter partes review (IPR)…
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By Michael Borella — The second part of the patent-eligibility test of Alice Corp. v. CLS Bank Int'l involves an inquiry into whether certain elements of a claim directed to an unpatentable judicial exception are "well-understood, routine, and conventional." If this is the case, the claim fails to meet the requirements of 35 U.S.C. § 101. …
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By Donald Zuhn –- In a memorandum distributed last week to the U.S. Patent and Trademark Office patent examining corps, Robert Bahr, the Deputy Commissioner for Patent Examination Policy, sought to clarify the Office's guidance regarding the written description requirement of 35 U.S.C. § 112(a), and in particular, the examination of claims directed to antibodies…
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By Donald Zuhn –- USPTO and EAPO Establish PPH Pilot Program In a notice issued in the Official Gazette (1446 OG 52) last month, the U.S. Patent and Trademark Office announced that it was implementing a Patent Prosecution Highway (PPH) pilot program with the Eurasian Patent Office of the Eurasian Patent Organization (EAPO). PPH programs…
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By Kevin E. Noonan – In a decision from an appeal before the Patent Trial and Appeal Board following rejection of claims to an isolated nucleic acid apparently (to applicants) falling within the scope of U.S. Patent and Trademark Office Guidance setting forth Office policy for implementing the Supreme Court's decision in AMP v. Myriad Genetics…
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By Donald Zuhn –- Last week, the Federal Circuit affirmed the grant of summary judgment by the District Court for the Eastern District of Virginia in favor of the U.S. Patent and Trademark Office with respect to the USPTO's determination of Patent Term Adjustment ("PTA") for U.S. Patent No. 8,658,675. In particular, the Federal Circuit…
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By Donald Zuhn –- The failure of Congress to pass appropriations legislation funding government operations on Friday resulted in a shutdown of the Federal government at midnight Eastern Standard Time on Saturday, January 20, 2018. Prior to Saturday's shutdown, the most recent government shutdown had occurred on October 1-16, 2013. Interestingly, the current shutdown, which…
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By Josh Rich — Earlier today, the U.S. Patent and Trademark Office's Patent Trial and Appeal Board ("PTAB") published its Final Rule establishing the attorney-client privilege for application in PTAB proceedings.[1] Before the PTAB, any communications between a client and a patent practitioner reasonably necessary and incident to the practitioner's authority will be protected by…
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By Donald Zuhn — USPTO Releases Beta Version of Citation List In a Patent Alert e-mail distributed last month, the U.S. Patent and Trademark Office announced that it has released a beta version of the Citation List, as part of the Global Dossier Initiative. The Citation List service, which can be accessed here, provides a comprehensive…
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