IP Watchdog

MARCH 14, 2024

The United States Patent and Trademark Office (USPTO) recently released new guidance to patent examiners on making obviousness rejections. The purpose of this article is to propose a few responses one might use to counter rejections that apply certain problematic aspects of the new guidance.

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IP Watchdog

NOVEMBER 30, 2021

Earlier this year, the European Patent Office (EPO) updated some of its Guidelines for Examination in a way that potentially could affect U.S. patent litigation.

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IP Watchdog

SEPTEMBER 2, 2021

for infringement of the ‘197 patent under the Hatch-Waxman Act, but the district court found that the Belcher Chief Science Officer withheld material information from the U.S. Patent and Trademark Office (USPTO) during patent prosecution, and the CAFC affirmed. Belcher brought the suit against Hospira, Inc.

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IP Watchdog

MARCH 15, 2024

Ideal candidates will have at least 10 years of recent experience in all aspects of utility and design patent drafting and prosecution practice; managing international patent prosecution of patent portfolios; analyzing and summarizing patent searches, drafting legal opinions, including patentability, validity, infringement and freedom-to-operate.

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IPilogue

JANUARY 14, 2022

This article features contributions from Ryan Wong (IP Osgoode & IP Innovation Clinic Alumnus), Sabrina Macklai (IPilogue Senior Editor), Tianchu Gao (IPilogue Writer), and Ashley Moniz (IPilogue Managing Editor). This article summarizes the top developments reported on our blog and in patents, trademarks, and copyright law in 2021.

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The IPKat

DECEMBER 27, 2021

Patents A Kat experiencing a Christmas hangover The Kluwer Patent Blog brought a summary of the recent UK and US calls for views regarding their SEP and FRAND policies, to understand the opinions of stakeholders, including inter alia patent owners, implementers, and consumers.

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Patently-O

JULY 23, 2022

Amy Simonson: Ohio State University Wins Trademark For The Word ‘THE’ (Source: CNN). Richard Lawler: Supreme Court Rejects Apple’s Bid To Continue Fighting Over Two Qualcomm Patents (Source: The Verge). David Phelan: Apple To Transform Apple Pencil 3 In Huge Upgrade, Patent Reveals (Source: Forbes). Source: Forbes.

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IP Watchdog

MARCH 13, 2022

The United States Patent and Trademark Office (USPTO) announced last week that it will terminate engagement with the Russian IP Office (Rospatent) as well as the Eurasian Patent Organization (EAPO) and the IP Office of Belarus, which has been cooperating with Russia in the lead-up to and during the Russian invasion of Ukraine.

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IP Watchdog

JULY 12, 2022

Patent and Trademark Office (USPTO) published a notice of proposed rulemaking (NPRM) in the Federal Register announcing that the agency would be revising its rules of practice to require that information disclosure statements related to patent term adjustments (PTAs) be submitted on Form PTO/SB/133. Today, the U.S.

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IP Watchdog

NOVEMBER 21, 2022

As outlined in our article, The Good, the Bad and the Missing: Findings from a Review of the Data on Granted Retroactive Foreign Filing Licenses, Petition.ai’s subscribers’ most searched patent petition type is for retroactive foreign filing licenses (RFFLs). In the article, we highlighted that 71% of applications petitioning the U.S.

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IP Watchdog

MAY 24, 2022

Patent and Trademark Office (USPTO) office actions on the merits, a patent applicant has the option to appeal the patent examiner’s decision rejecting one or more claims to a higher forum, i.e., the Patent Trial and Appeal Board (PTAB). After two or more U.S. Why make this request? What are the pros and cons?

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Patently-O

FEBRUARY 14, 2022

Miller: USPTO Launches Deferred Approach to Section 101 Eligibility Analysis in Patent Prosecution (The National Law Reveiw). Billion Caltech Patent Case (Source: Reuters). Commentary and Journal Articles: Dan Mahaffee: Counterproductive Patent Policies Threaten US Tech Leadership (Source: The Hill).

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IP Watchdog

JANUARY 30, 2023

Patent and Trademark Office (USPTO) and the U.S. Food and Drug Administration (FDA) to address drug patent issues, 30 public comments were filed in response to the Federal Register notice issued last November seeking input on ways that both agencies could promote both innovation and patient access to generic pharmaceuticals.

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IP Watchdog

SEPTEMBER 7, 2022

In a June 20, 2022, article on IPWatchdog, I addressed a portion of the June 8, 2022, letter from Senators Leahy, Blumenthal, Klobuchar, Cornyn, Collins and Braun to U.S. As of the date of this article, the USPTO has not issued the notice.

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IP Watchdog

MAY 16, 2024

As we have reported recently, IPWatchdog broke news last week about a Reddit thread dedicated to purported patent examiners in which one examiner asked their peers for advice on how to approach examination of patents that have purposes they may fundamentally disagree with politically--specifically, a patent geared toward Israeli military technology.

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IP Watchdog

MAY 9, 2024

Patent and Trademark Office (USPTO) will officially publish a Notice of Proposed Rulemaking (NPRM) tomorrow that would change terminal disclaimer practice related to “non-statutory double patenting.”

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Patent Trademark Blog

AUGUST 13, 2021

This article will provide you with helpful knowledge to develop a PCT strategy that will hopefully benefit your national stages, particularly in the US. Depending upon the details of the claim rejections, it may make sense to do a simpler amendment under Article 19 without a further search opinion.

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SpicyIP

JULY 31, 2023

to interpret product-by-process patent claims within Section 48 (b) and clarified that the provision is pari materia (“dealing with the same subject matter”) to Article 64 (2) of the European Patent Convention (EPC). Hoechst Marion Roussel Ltd.

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IP Watchdog

APRIL 10, 2024

Patent and Trademark Office (USPTO) today announced guidance for practitioners and the public regarding the use of artificial intelligence (AI) in the preparation of filings for submission to the Office.

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IP Watchdog

NOVEMBER 26, 2022

The biggest increase in patent filings was in Asia, where 67.6% of worldwide patent applications were filed. decrease in filings and a 1% increase in trademark filings. Trademark applications grew at a much faster rate than patent applications, with a 5.5% in trademark filing activity.

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IP Watchdog

JULY 26, 2021

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 rates for petitions pertaining to premature final Office actions.

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IP Watchdog

NOVEMBER 5, 2023

Patent and Trademark Office (USPTO) in recent weeks regarding the Office’s decision to retire Private PAIR and EFS-Web, the two main software systems used by patent applicants, on November 8. Numerous letters have been submitted to the U.S.

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Selvam & Selvam Blog

AUGUST 11, 2023

Registrar of Trademarks rather scathingly pointed out a glaring error in an order passed by the Senior Examiner of Trademarks. The Trademarks Office (TMO) was directed to restore the Appellant’s application and to dispose of the same in an expeditious manner. In April this year, the Delhi HC in Blackberry Ltd v.

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IP Watchdog

MAY 14, 2024

Patent and Trademark Office’s (USPTO) recent Request for Comments (RFC) on the impact of artificial intelligence (AI) highlights a critical juncture in intellectual property law—evaluating the impact of generative AI (GenAI) on the non-obviousness standard.

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IP Watchdog

MAY 15, 2024

Last week, IPWatchdog’s CEO and Founder Gene Quinn exposed a “Patent Examiner Reddit” thread in which a purported examiner asked peers for advice on how to approach examination of patents that have purposes they may fundamentally disagree with politically.

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IP Watchdog

SEPTEMBER 3, 2021

This week on Other Barks & Bites: the Fifth Circuit Court of Appeals affirms a district court’s ruling that Ericsson did not breach its FRAND obligations in its mobile SEP licensing practices; the EU’s highest court rules that “zero tariff” programs by telecom providers violate EU regulations on open Internet standards; the Federal Circuit affirms (..)

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IP Watchdog

MAY 14, 2024

Patent and Trademark Office (USPTO) released a Notice of Proposed Rulemaking (NPRM) on May 10, 2024 (89 Fed. 40439), that would dramatically alter patent applicant and patentee statutory rights in their patent filings by proposing a draconian change to the requirements for submission of a terminal disclaimer (TD).

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IP Watchdog

JANUARY 9, 2024

Patent and Trademark Office (USPTO) published guidelines for examiners today on the topic of enablement in light of the Supreme Court’s May 2023 decision in Amgen v.

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IP Watchdog

MARCH 19, 2024

Similar to Steve Martin and John Candy’s calamitous odyssey in the classic 1980s film Planes, Trains and Automobiles, patent practitioners are experiencing their own misadventures when filing applications in the DOCX format. As of January 17, 2024, the U.S. 111(a) in DOCX format or incurring a $400 surcharge (non-discounted).

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LexBlog IP

JUNE 2, 2022

Advanced Design Patent Prosecution, including Responding to Objections and Rejections. For questions about this article or on how to incorporate design-related legal rights into your intellectual property portfolio, please contact the author(s) of this post directly or send a message to the team via our Contact page.

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Fish & Richardson Trademark & Copyright Thoughts

JANUARY 3, 2023

With deep expertise in litigation and patent prosecution and counseling, the attorneys represent clients across a range of industries and in various legal venues. with honors from Emory University, where she was the articles editor of the Emory Law Journal. Chet Campbell focuses his practice on patent litigation at the U.S.

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IP Watchdog

NOVEMBER 7, 2023

Patent and Trademark Office (USPTO) announced today that they will be postponing the transition to Patent Center—the tool meant to replace legacy systems, EFS-Web and Private PAIR—until November 15. On the heels of a report published Sunday by IPWatchdog, the U.S.

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SpicyIP

APRIL 7, 2024

Significantly, the agreement requires India to make substantive changes to its provision obligating a patent applicant to furnish information about their foreign applications corresponding to their application in India. To briefly point to much discussed worrisome provisions in the Annex of the Intellectual Property chapter: Article 11.7

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IP Watchdog

OCTOBER 24, 2023

Patent and Trademark Office’s (USPTO) Office of the Chief Economist (OCE) published a report detailing patent application filing trends at the USPTO related to COVID-19 diagnostics technologies. On October 23, the U.S.

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IP Watchdog

JANUARY 21, 2023

The tool also provides basic information on patents, trademarks, trade secrets and copyright. At the U.S.

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IP Watchdog

DECEMBER 21, 2023

The patents granted by the U.S. Patent and Trademark Office (USPTO) tell the story of society’s innovative future. While the true value of a technological advance develops over time, the following selection of patents of 2023 represent meaningful advances in several emerging areas of technology.

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IP Watchdog

NOVEMBER 15, 2023

Patent and Trademark Office (USPTO) Director Kathi Vidal today designated as precedential a Patent Trial and Appeal Board (PTAB) decision from March of this year that held a precedential U.S.

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