Category: Patent Office Rules & Procedures

  •     By Christopher P. Singer — On February 1, 2010, the U.S. Patent and Trademark Office issued a press release announcing President Obama's $2.3 billion budget request for the USPTO for fiscal year 2011. According to the statement, the amount of the budget request is intended to support and achieve the strategic objectives of the…

  •     By Sarah Fendrick — The U.S. Patent and Trademark Office has extended the time for public comment for two recent Office initiatives and has extended the period of effectiveness for a third Office initiative. Extension of Period for Comments on Enhancement in the Quality of Patents In December 2009, the USPTO published a notice…

  •     By Christopher P. Singer — In a January 15, 2010 press release, the U.S. Patent and Trademark Office announced three new members to the Patent Public Advisory Committee (PPAC) and two new members to the Trademark Public Advisory Committee (TPAC), as named by Commerce Secretary Locke.  The Public Advisory Committees for the USPTO, which…

  •     By Donald Zuhn — In a press release issued today, the U.S. Patent and Trademark Office announced that it would be implementing an interim procedure by which patentees can request Patent Term Adjustment (PTA) recalculations while the Office revises its procedures to comply with the Federal Circuit's decision in Wyeth v. Kappos.  In Wyeth,…

  •     By Donald Zuhn — The U.S. Patent and Trademark Office has announced that the Office and Department of Justice will not be seeking further review of the Federal Circuit's decision in Wyeth v. Kappos.  In announcing this decision, the Office also stated that it is in the midst of "preparing guidance for expediting requests…

  •     By Sarah Fendrick — The U.S. Patent and Trademark Office published a notice in the Federal Register last month (74 Fed. Reg. 67987) in which the Office announced that it is considering modifications to rules governing the practice before the Board of Patent Appeals and Interferences (BPAI) in ex parte patent appeals.  The USPTO…

  •     By Donald Zuhn — Last Thursday, the Federal Circuit determined in Wyeth v. Kappos that the U.S. Patent and Trademark Office had erred in making PTA calculations for two patents owned by Wyeth and Elan Pharma International Ltd. (see Patent Docs report).  Since the appellate court rendered its decision, many patent practitioners and applicants…

  •     By Sarah Fendrick — The U.S. Patent and Trademark Office has created a PCT task force to explore methods for improving the Office's role as a Receiving Office, an International Searching Authority (ISA), and an International Preliminary Examination Authority (IPEA).  To support the newly created task force, a public meeting is being held on…

  • What Does It Tell Us About the Relationship between the Court and the Agency?     By Kevin E. Noonan — The Federal Circuit last week affirmed the D.C. District Court's decision contradicting the Patent Office interpretation of 35 U.S.C. § 1.54(b) regarding patent term adjustment (see Patent Docs report).  This decision is worthy of some…

  •     By Donald Zuhn — In a decision that will significantly impact the amount of patent term adjustment ("PTA") that many patentees can expect to obtain under U.S. Patent Law, the Court of Appeals for the Federal Circuit determined today that the U.S. Patent and Trademark Office had erred in making PTA calculations for two patents owned by Plaintiffs-Appellees Wyeth…