Posts in USPTO


Patent Owner Sues Former USPTO Officials for ‘Improperly Stacking the Deck’ Against Him

A patent owner has filed a lawsuit in the United States District Court for the Western District of Tennessee against former U.S. Patent and Trademark Office (…
By Eileen McDermott
3 months ago 8

MicroSurgical Decision Reiterates PTAB’s ‘Wide Net’ Approach to Transition Applications Under the AIA

March 16, 2013 marked a watershed date in the practice of patent law as the effective date of the Leahy-Smith America Invents Act (AIA). Per Section 3 of the AIA, …
By Katie Merriman
3 months ago 1

Curbing Cannabis Copycats: How to Protect Your Brand’s Reputation as Marijuana Companies Try to Make Their Mark

To capture attention in the crowded new field of cannabis-related goods and services, many companies are using other companies’ brands to promote their goods and services, including …

Humanizing Technology: Back to Basics on DABUS and AI as Inventors

With South Africa’s patent office having recently granted the first patent to an AI inventor, and an Australian court ruling in favor of AI inventorship, it’…
By Tomi Herold
3 months ago 20

PPAC Announcements: Hirshfeld Doubles Down on Director Review Authority; Commerce Department to File for Registration of USPTO Trademarks; Committee Requests Release of $64 Million in User Fees

During the Patent Public Advisory Committee (PPAC) quarterly meeting held today, participants provided an update on the Director Review process under the Supreme Court’s Arthrex v. …
By Eileen McDermott
3 months ago 9

This Week in Washington IP: PPAC Quarterly Meeting, Pending Nominations Within the DOE’s Science Leadership, and Bills on Composite Technologies and Cybersecurity in U.S. Infrastructure

This week in Washington IP news, the House of Representatives remains quiet as it enters a scheduled district work period. However, several Senate committees will host hearings …
By IPWatchdog
3 months ago 0

Has Ex Parte Sauerberg Gutted the Patent Act’s Safe Harbor Provision?

This article concerns the impact of Ex Parte Sauerberg, a 2017 Patent Trial and Appeal Board (PTAB) decision, on the safe harbor provision of 35 U.S.C. § 121.  We …

Billionaire Space Race Between Bezos and Branson (and Musk) Pushes Forward Next Generation of Spaceflight Innovation

This July has been a landmark month for the commercial space sector thanks in large part to the determination of two tech billionaires: Richard Branson, business magnate …
By Steve Brachmann
3 months ago 0

Patent Filings Roundup: Mystery NPEs File New Suits on Old IV Assets; PTAB Discretionarily Denies 14; Causam Enterprises Launches Major Campaign

In a relatively subdued week, the Patent Trial and Appeal Board (PTAB or Board) saw 35 challenges and the district courts 53 new patent filings. Those challenges included a …
By Jonathan Stroud
3 months ago 0

Could a Surge in Trademark Applications Delay Your Food or Beverage Business Launch?

When launching a new restaurant or food or beverage company, your plate is likely full enough. To add to the pile, this last year was no stranger …
By Natasha Shabani
3 months ago 0

USPTO Implementation of Arthrex: Questions from Administrative Law, Part II—the Bigger Picture for Reform

In Part I, we looked at two of the legal principles that govern Arthrex Director review: Director review must be implemented by notice-and-comment “regulation,” not website, and …
By M. David Hoyle
3 months ago 10

USPTO Petition Process: Who Should Pay for the Burden of Inordinate Delays and ‘Mistakes’?

In our last article, Part VI, we reported significant Technology Center (TC)-to-TC variation at the U.S. Patent and Trademark Office (USPTO) in pendency and grant …

‘AISITAs’ and Written Description Requirements: Considerations and Guidance for AI Patent Applications

Artificial intelligence (AI) is everywhere, touching nearly every aspect of our daily lives, including how we work, communicate, shop, travel and more. The term “AI” is generally …

CAFC Reverses PTAB Obviousness Finding, Clarifying Concepts of ‘Teaching Away’ and ‘Commercial Success’

The United States Court of Appeals for the Federal Circuit (CAFC) yesterday concluded that the Patent Trial and Appeal Board’s (PTAB’s) decision finding certain claims …
By La'Cee Conley
3 months ago 14

USPTO Implementation of Arthrex: Questions from Administrative Law, Part I—Dismissal and Subregulatory Rulemaking

In United States v. Arthrex, No. 19-1434, 141 S.Ct. 1970 (Jun. 21, 2021), Chief Justice Roberts cured an Appointments Clause defect in the Patent Trial and Appeal Board’s (PTAB’…
By M. David Hoyle
3 months ago 36