Patent Law Weblog
recent posts
- Mexico Publishes Amendments to Intellectual Property Law
- PTAB (Again) Awards Priority of Invention to Broad in Interference No. 106,115
- 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
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Category: Patent Office Rules & Procedures
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By Donald Zuhn — Earlier this month, in Daiichi Sankyo Co. v. Lee, the Federal Circuit affirmed the decision by the District Court for the District of Columbia granting summary judgment to the Director of the U.S. Patent and Trademark Office with respect to Daiichi's challenges to patent term adjustment (PTA) determinations made by the…
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By Donald Zuhn — Last month, in Mohsenzadeh v. Lee, the Federal Circuit affirmed the decision by the District Court for the Eastern District of Virginia granting summary judgment to the Director of the U.S. Patent and Trademark Office that the Office had properly calculated the Patent Term Adjustment (PTA) for U.S. Patent Nos. 8,352,362…
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By Grantland Drutchas — As of Tuesday, June 16th, we have been living with the U.S. Patent and Trademark Office's "2014 Interim Guidance on Patent Subject Matter Eligibility" ("Guidance") for six months. Although the USPTO subsequently issued some examples and sought public comment, it started training examiners on the new Guidance almost immediately. And, of…
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By Andrew Williams — On May 19, 2015, the U.S. Patent and Trademark Office published its first "Final Rules" package of amendments to the Rule of Practice before the Patent Trial and Appeal Board ("PTAB"). Keeping with Director Lee's announcement on March 27, 2015 (see "USPTO Director Announces "Quick-Fix" and Anticipated Changes to PTAB Practice"),…
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By Donald Zuhn — A colleague pointed out today that the U.S. Patent and Trademark Office has apparently begun to restrict the ability of users to make bulk downloads from Public PAIR. While we have not noticed any recent download restrictions in our own use of PAIR, our colleague indicated that attempts to download an…
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By Donald Zuhn — Following the implementation of its first Patent Prosecution Highway (PPH) program with the Japan Patent Office (JPO) in 2006, the U.S. Patent and Trademark Office proceeded to establish PPH programs with nearly thirty other patent offices over the next seven years. The PPH enables applicants who receive a positive ruling on…
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By Donald Zuhn — On Monday, 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, is a competition recognizing patent owners and licensees who address global challenges in health and standards of living. Entrants…
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By Donald Zuhn — The U.S. Patent and Trademark Office recently released its Performance and Accountability Report for Fiscal Year (FY) 2014. In contrast with last year's report, the 2014 report notes that the Office issued a new strategic plan last year: the 2014-2018 Strategic Plan. The report indicates that the 2014-2018 Strategic Plan "demonstrates…
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By Grantland Drutchas and Andrew Williams — On Friday, March 27, U.S. Patent and Trademark Office Director Michelle Lee issued a statement on the PTO Blog indicating several "quick-fix" and proposed rule changes. The "quick-fix" rules package will apply to all newly filed petitions before the Board, and will be implemented in pending cases by…
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By Donald Zuhn — Earlier this year, the U.S. Patent and Trademark Office published a final rule in the Federal Register (80 Fed. Reg. 1346) to revise the rules of practice to implement the Federal Circuit's decision in Novartis AG v. Lee. In Novartis, the Federal Circuit agreed with the USPTO that "no [patent term]…
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