Patent Law Weblog
recent posts
- Reasons for the PTAB’s Priority Determination in Broad’s Favor (Perhaps)
- 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
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Category: Patent Office Rules & Procedures
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By Christopher P. Singer — In the wake of the Federal Circuit's decision in Tafas v. Doll (see "Tafas v. Doll (Fed. Cir. 2009)"; "Federal Circuit Issues Decision in Tafas v. Doll"; and "Anyone Remember What These 'New Rules' Are All About?"), the U.S. Patent and Trademark Office posted an announcement clarifying that it has no immediate plans…
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By Donald Zuhn — On Friday, the Federal Circuit issued its decision in Tafas v. Doll (formerly Tafas v. Dudas). The Tafas appeal concerns the validity of four rules in the continuation and claims rules package promulgated by the U.S. Patent and Trademark Office on August 21, 2007. The four rules at issue are: …
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By Kevin E. Noonan — It has been quite some time since most in the patent community have given much thought to the ill-advised "claims and continuation" rules promulgated by the Patent and Trademark Office on August 21, 2007 that were preliminarily enjoined on Halloween, 2007 (one day before they were to go into…
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By Donald Zuhn — In a 55-page opinion issued earlier today, the Federal Circuit determined that the four rules at issue in Tafas v. Dudas are procedural, but that Rule 78 is inconsistent with 35 U.S.C. § 120 (i.e., that portion of the rule which limits the number of continuation applications), and therefore, affirmed-in-part,…
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By Christopher P. Singer — In a pre-OG Notice dated March 13, 2009, the U.S. Patent and Trademark Office addressed some issues relating to the competency of certain foreign patent offices to act as an International Searching Authority (ISA) under the PCT. According to the Notice, the USPTO has found that a number of…
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By Christopher P. Singer — In a Federal Register Notice (74 Fed. Reg. 10036) published on Monday, March 9, the U.S. Patent and Trademark Office announced that it is extending the deadline for submitting written comments regarding issues raised at last month's roundtable discussion on deferred examination, or any issue relating to deferral of…
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By David Boundy — A notice and comment period of great importance to the patent community opened last week, and this period is scheduled to remain open only until March 16th. This period arises as a result of a "Memorandum for the Heads of Executive Departments and Agencies" (74 Fed. Reg. 5977) issued by…
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By Donald Zuhn — It's been more than a week since the U.S. Patent and Trademark Office hosted a roundtable discussion on deferred examination. The roundtable brought together two dozen participants, representing a variety of industries and organizations, to discuss whether a deferred examination system should be implemented in the U.S. Ron Katznelson, who…
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By Donald Zuhn — Last week, the U.S. Patent and Trademark Office hosted a roundtable discussion on deferred examination. The roundtable, which lasted about four hours, brought together two dozen participants, representing a variety of industries and organizations (as well as positions on the issue), to discuss the advantages and disadvantages of implementing a…
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By Donald Zuhn — This morning, the U.S. Patent and Trademark Office hosted a roundtable discussion on deferred examination. The roundtable, which lasted about four hours, brought together two dozen participants, representing a variety of industries and organizations (as well as positions on the issue), to discuss the advantages and disadvantages of implementing a…
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