Category: Patent Office Rules & Procedures

  •     By Donald Zuhn — Like many Americans, we spent Tuesday evening watching the presidential election returns come in, and now that Senator Barack Obama has been elected the 44th president of the United States, we thought it would be a good idea to take a look back at some of our previous reports discussing…

  •     By Sherri Oslick — Applicants filing a PCT application with the U.S. Patent and Trademark Office as the Receiving Office now have another option for their selection of an International Search Authority (ISA) — IP Australia, the Australian Patent Office.  Previously, Applicants were limited to the USPTO, the European Patent Office (EPO), or the…

  •     By Christopher P. Singer — In a Notice published in the Federal Register (73 Fed. Reg. 47534) on Thursday, October 30, 2008, the U.S. Patent and Trademark Office published its burden and cost analysis for proposed continuing information collection relating to maintenance fee submissions, and requested comments to the proposed collection. The Office breaks…

  •     By Christopher P. Singer — In a memorandum dated October 20, 2008, the U.S. Patent and Trademark Office announced that it will expand the patent prosecution highway (PPH) pilot program to include the Danish Patent and Trademark Office (DKPTO).  The PPH program becomes effective on November 3, 2008 for a term of one year,…

  •     By Kevin E. Noonan — The American Intellectual Property Lawyers Association (AIPLA) reported today that two of the pending U.S. Patent and Trademark Office rules packages, regarding changes in the rules governing Information Disclosure Statements ("the IDS rules") and claims encompassing multiple alternative embodiments ("the Markush rules") will not be published as final rules…

  •     By Donald Zuhn — Last week, the U.S. Patent and Trademark Office and USPTO Director Jon Dudas filed their reply brief in the Tafas v. Dudas appeal.  On the same day that the Patent Office filed its reply brief, Patently-O provided links to the fifteen amicus briefs filed in the appeal, thirteen of which…

  •     By Christopher P. Singer — In a Notice dated October 14, 2008, the U.S. Patent and Trademark Office announced that the Korean Intellectual Property Office (KIPO) has become the third participating foreign intellectual property office in the electronic priority document exchange program.  This complements our prior report based on information provided by one of…

  • District Court Decision Impacts PTA Determinations By Donald Zuhn — On September 30th, the District Court for the District of Columbia granted summary judgment in favor of Wyeth, determining that the U.S. Patent and Trademark Office had misconstrued 35 U.S.C. § 154(b)(2)(A), and as a result, had denied Wyeth a portion of patent term to…

  •     By Donald Zuhn — The U.S. Patent and Trademark Office and USPTO Director Jon Dudas filed their reply brief today in the Tafas v. Dudas appeal (a copy of the brief can be obtained here).  We previously reported on the filing of opening appeal briefs by the PTO, GSK, and Dr. Tafas. The Patent Office…

  • By Donald Zuhn — On Wednesday Senator Barack Obama and Senator John McCain will be participating in their third, and final, presidential debate.  While the third debate will address the economy and domestic policy issues, there is a strong likelihood, particularly in view of the current financial crisis, that U.S. patent policy will draw little…