Remove patent-reexamination
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Proposal to Elevate Patent Reexamination Antithetical to AIA Statutes

LexBlog IP

Reexamination Deference? Presenting all ideas to the public as opposed to culling out the more (ahem)… “creative,” showcases the open mindedness of the administration—particularly to patent owners. This statute is also expressly extended to patent reexamination.

Patent 52
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CAFC Affirms Obviousness of Memory Cell Design Patents Over Dyk Dissent

IP Watchdog

Court of Appeals for the Federal Circuit (CAFC) affirmed a pair of final written decisions at the Patent Trial and Appeal Board (PTAB) invalidating patent claims owned by Monterey Research and covering improved static random access memory (SRAM) cell designs.

Designs 59
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Differences Noticeable to “General Consumers” May Be Considered “Significant Differences” Which Render the Design Patentable Over Prior Designs

LexBlog IP

The Patent Reexamination and Invalidation Department (PRID) of the China National Intellectual Property Administration (CNIPA) maintained the validity of Chinese design patent No. the ’645 patent) in an invalidation proceeding. [1] the ’645 patent) in an invalidation proceeding. [1]

Designs 40
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[Conference Report] Patents, truth, PCT and more at the UIC School of Law International IP Practice Seminar

The IPKat

Back in October, University of Illinois Chicago School of Law’s Center for Intellectual Property (“IP”), Information, and Privacy Law organized and virtually hosted its International IP Practice Seminar. Jorgenson also discussed how COVID-19 affected WIPO and the Patent Cooperation Treaty (PCT) system. Peter Spies (DTL Ltd.),

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CAFC Endorses PTAB Treatment of Admitted Art

LexBlog IP

Last summer, a guidance memo was issued to the Patent Trial & Appeal Board (PTAB) on the use of Applicant Admitted Prior Art (AAPA) in IPR proceedings. ” The earlier memo explained: [A}ny patent that is used as the “basis of’ a request for inter partes review must be a prior art patent, not the challenged patent.

Art 52
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New Interim Process at the PTAB for Decision Circulation and Internal Review

LexBlog IP

Recently, the Patent Trial and Appeal Board (PTAB) announced a new interim procedure for decision circulation and internal review. This interim procedure is aimed at promoting feedback, eliminating inconsistencies, and increasing transparency during the decision pre-issuance process.

Editing 52
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Patent Owner Uses FWD Cancelling Claims as a Sword & Shield

LexBlog IP

In designing the America Invents Act (AIA), statutory estoppel of 35 U.S.C. § This statutory design was responsive to the previous criticism of inter partes reexamination estoppel, which attached only after all appeals were exhausted. This unbalanced scenario can be exploited by Patent Owners. Collateral Estoppel.

Patent 52