Posts Tagged: America Invents Act


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

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

A Closer, Evidence-Based Look at ‘Patent Quality’ Advocacy

The Patent Infringer Lobby has ramped up banging the drum about “patent quality.” They dedicated a week-long campaign to questioning "patent quality,” which its constituents regard as …
By James Edwards
3 months ago 17

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 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

In Arthrex Ruling, SCOTUS Says Director Review of Decisions, Not Power to Remove APJs, is What Matters

The Supreme Court has issued its ruling in Arthrex v. Smith & Nephew, taking a different approach to curing the statute than did the U.S. Court of …
By Eileen McDermott
4 months ago 4

USIJ Responds to Remarks Made by Senator Leahy on World IP Day Regarding Prior USPTO Administration

In celebration of last month’s World IP Day, Senate Judiciary Committee Intellectual Property Subcommittee Chairman Patrick Leahy expressed his support for a determined effort to encourage …
By Robert Taylor & Chris Israel
5 months ago 15

Tillis Tells PTAB Masters™ Day Three Attendees Congress Should Codify Iancu’s Reforms

In his keynote video address to PTAB Masters participants today, Senator Thom Tillis (R-NC) championed the record of former U.S. Patent and Trademark Office (USPTO) Director …
By Eileen McDermott
6 months ago 8

Kappos at PTAB Masters™ Day Two: PTAB Problems Arose When It Failed to Evolve

The second day of IPWatchdog’s PTAB Masters™ 2021: “Winning at the PTAB” featured a keynote interview with former U.S. Patent and Trademark Office (USPTO) Director David …
By Eileen McDermott
6 months ago 22

PTAB Masters™ 2021, Day One: How Iancu Tried to Repair a ‘Damaged Brand’

While steps taken under former U.S. Patent and Trademark Office (USPTO) Director Andrei Iancu to restore equilibrium at the Patent Trial and Appeal Board (PTAB) have …
By Eileen McDermott
6 months ago 15

The PTAB’s Concerning Conflict of Interest is Laid Bare in New Vision Gaming

Buffalo is a small Texas town of less than 2,000 people. On the way into town, school zone signs flank both sides of a speed limit sign. I …
By Paul Morinville
7 months ago 13

Mysterious Patent Attacks: Policymakers Must Stand Up and Require Patent Membership Organizations Reveal Themselves

A strong and predictable intellectual property system is crucial to protecting and promoting American innovation around the globe. It allows American businesses of any size to compete …
By Robert Stoll
7 months ago 40

Amici and Practitioners Attempt to Read the Arthrex Tea Leaves

Yesterday, the Supreme Court heard oral arguments in the most closely-watched patent case of the term, United States / Smith & Nephew v. Arthrex. IPWatchdog reached out to some …
By IPWatchdog
8 months ago 11

Twist Emerges in Senate IP Subcommittee Leadership for 117th Congress

On Sunday, February 14, U.S. Senate Democratic Whip Dick Durbin (D-IL), Chair of the Senate Judiciary Committee, and Senator Chuck Grassley (R-IA), Ranking Member of the Senate …
By Gene Quinn & Eileen McDermott
8 months ago 18

Rethinking USPTO Applicant Diversity

The Day One Project recently released over 100 proposals for the Biden-Harris administration  to use as roadmaps in crafting science and technology policy. One of those proposals, a …
By Saurabh Vishnubhakat
9 months ago 10