Patent Law Weblog
recent posts
- Why the Alice Test is Stupid, Part IV: The Usefulness Paradox
- Teva Capitulates to Federal Trade Commission Coercion
- USPTO Issues Memoranda on Subject Matter Eligibility
- USPTO Revokes Guidance on AI-Assisted Inventorship, But Rules Remain Basically the Same
- Why the Alice Test is Stupid, Part III: Eligible Independent Claims Can Have Ineligible Dependent Claims
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Category: Patent Office Rules & Procedures
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By Jonathan Stroud* In der Beschränkung zeigt sich erst der Meister,Und das Gesetz nur kann uns Freiheit geben.[1] — Johann Wolfgang von Goethe, Das Sonnett[2] More than a decade ago Congress considered, and rejected, any standing requirements for post-grant proceedings.[3] Congress could hardly have been more explicit. The provisions were debated over a decade.[4] …
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By Donald Zuhn — In a final rule published in the Federal Register (88 Fed. Reg. 12560) last week, the U.S. Patent and Trademark Office announced that it will start issuing patents electronically under a new digital USPTO seal and bearing the digital signature of the USPTO Director beginning on Tuesday, April 18, 2023. The…
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By Aaron Gin — On February 14, 2023, the U.S. Patent and Trademark Office published a notice in the Federal Register (88 Fed. Reg. 9492) requesting public comments about 1) the current state of Artificial Intelligence (AI) and Emerging Technologies (ET); and 2) associated inventorship issues that may arise with the advance of such technologies.…
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By Donald Zuhn –- USPTO Eliminates CFR Provisions Regarding Voluntary CLE Certification In a notice published in the Federal Register (88 Fed. Reg. 4906) last month, the U.S. Patent and Trademark Office issued a final rule adopting an interim final rule that the Office published in the Federal Register in November, that eliminated provisions of…
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By Donald Zuhn –- Last week, the U.S. Patent and Trademark Office issued a Notice advising Applicants to review filing receipts issued between March 2022 and mid-October 2022 to confirm that the granted foreign filing license notification has been included and that the publication information is accurate. The Notice explains that the Office recently transitioned…
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By Michael Borella — On December 29, 2022, to the relief of many practitioners and applicants, the U.S. Patent and Trademark Office delayed the effective date of its controversial incentivized transition to DOCX format for patent application filing. A new final rule establishes that the $400 fee for filing patent specifications, claims, and abstracts (not including…
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By Donald Zuhn — A number of European firms, including J A Kemp, reported on Friday that the Administrative Council of the European Patent Organisation had passed a change to the rules of the EPC relating to the date on which a document is deemed to be delivered. The change will eliminate the 10-day rule,…
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By Donald Zuhn — USPTO Announces New Patent Public Search Tool In a Patent Alert email distributed to stakeholders last month, the U.S. Patent and Trademark Office announced the replacement of four legacy search tools — the Public-Examiner's Automated Search Tool (PubEAST), Public-Web-based Examiner's Search Tool (PubWEST), Patent Full-Text and Image Database (PatFT), and Patent…
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By Donald Zuhn — USPTO Launches Webpage on PTE Applications and Patent Terms Extended under 35 U.S.C. § 156 In a Patent Alert email distributed to stakeholders last week, the U.S. Patent and Trademark Office announced the launch of a new webpage providing information regarding applications for patent term extension (PTE) that have been filed…
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By Kevin E. Noonan — Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the U.S. Patent and Trademark Office (at right) released a blog post on the USPTO's Director's Blog on Monday addressing the fraught subject of subject matter eligibility under 35 U.S.C. § 101 as interpreted over the past decade…
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