Patently-O

NOVEMBER 17, 2024

This compression suggests that patent drafting has become increasingly standardized, likely driven by USPTO fee structures that discourage exceeding 20 claims and the professionalization of patent prosecution practice that pushes up on the claim count.

Patent 111

Patent Patent Prosecution Patent Drafting 111

IP Watchdog

AUGUST 8, 2024

In an ongoing effort to reduce the backlog of patent applications, Brazil has introduced new appellate stage guidelines that significantly impact how applicants should respond to office actions and file appeals.

Patent Prosecution 110

Patent Prosecution Patent Patent Application Publishing 110

IP Watchdog

OCTOBER 5, 2022

In an effort to spice up my patent law life, I have become especially interested in patent analytics over the past few years—that’s right, I just used “patent analytics” and “spice up” in the same sentence. Lawyers should always be trying to look at things from new and different angles to gain an edge.

Patent Prosecution 124

Patent Prosecution Patent Patent Law Law 124

JD Supra Law

NOVEMBER 19, 2024

a patent prosecution bar that would preclude certain attorneys representing plaintiff from performing patent prosecution work for a period of two years following the conclusion of the action; and 2. CV-23-02371-PHX-DWL (D. 18, 2024), defendant filed a motion for a protective order seeking two forms of relief: 1.

Patent Prosecution 65

Patent Prosecution Confidentiality Patent 65

JD Supra Law

MAY 6, 2025

Innovators seeking patent protection for software inventions should be aware that all software inventions face patent-eligibility issues. Nevertheless, patent practitioners who are experienced in the art of software patent prosecution can help ensure that software inventions get maximum protection.

Invention 62

Invention Patent Prosecution Patent Art 62

JD Supra Law

APRIL 18, 2025

a precedential decision issued on April 8, 2025, the Federal Circuit provides us with a great lesson on prosecution disclaimer and implications regarding the entanglement of future related applications due to the disclaimer. While a Miranda warning isnt given prior to starting substantive examination, perhaps it should be.

Patent Prosecution 68

Patent Prosecution Law Patent 68

JD Supra Law

APRIL 30, 2025

The panel, AI and Your Patent Management, Strategy & Portfolio covered how you can leverage AI for efficient patent portfolio management, exploring data analytics for IP strategy, and uncovering emerging AI technologies reshaping patent prosecution. By: Kilpatrick

Patent Prosecution 59

Patent Prosecution Patent IP Technology 59

JD Supra Law

JULY 30, 2024

The Brazilian Patent and Trademark Office (BPTO) joined the Global Patent Prosecution Highway (GPPH) program on July 6, 2024. Coordinated by the Japan Patent Office (JPO). By: Mayer Brown

Patent Prosecution 68

Patent Prosecution Patent Trademark 68

JD Supra Law

APRIL 22, 2025

The panel, AI and Your Patent Management, Strategy & Portfolio covered how you can leverage AI for efficient patent portfolio management, exploring data analytics for IP strategy, and uncovering emerging AI technologies reshaping patent prosecution. By: Kilpatrick

Patent Prosecution 62

Patent Prosecution Patent IP Technology 62

SpicyIP

AUGUST 29, 2023

A Look at the Revised Patent Prosecution Timelines in the Draft Patent Amendment Rules Md. Sabeeh Ahmad The Department for Promotion of Industry and Internal Trade, Ministry of Commerce has released the Draft Patents (Amendment) Rules, 2023 (“Draft Rules”) suggesting some key changes in the Patent Rules, 2003 (“2003 Rules”).

Patent Prosecution 98

Patent Prosecution Patent Patent Application Reporting 98

Patently-O

DECEMBER 6, 2023

Will AI lead to dramatic changes in patent prosecution over the next 5 years? There are still a couple of days left to have your voice heard in this survey. What do you think?

Patent Prosecution 69

Patent Prosecution Patent 69

JD Supra Law

DECEMBER 4, 2024

The changes aim to generate sufficient revenue to recover the USPTO's operational costs, while promoting efficient patent prosecution practices. Here's what patent applicants and owners need to understand about the upcoming changes. By: Dinsmore & Shohl LLP

Patent Prosecution 65

Patent Prosecution Patent Patent Application Trademark 65

JD Supra Law

JUNE 13, 2022

Patent and Trademark Office handles hundreds of thousands of patent applications per year, as well as various types of administrative patent proceedings.

Patent Prosecution 98

Patent Prosecution Patent Patent Application Trademark 98

JD Supra Law

OCTOBER 6, 2021

Arguments to the Patent Office That Contradict Information Submitted to the FDA Support an Inference of Deceptive Intent In Belcher Pharmaceuticals v. Hospira, Inc., By: Knobbe Martens

Patent Prosecution 136

Patent Prosecution Patent 136

IP Watchdog

AUGUST 29, 2021

located in Fairfax, VA, is seeking a Patent Attorney / Agent with 2+ years of experience as a registered patent attorney or patent agent. This associate will have the opportunity to work (remotely or onsite in Fairfax, VA) on a variety of patent prosecution projects. Muncy, Geissler, Olds & Lowe, P.C.,

Patent Prosecution 122

Patent Prosecution Patent IP Intellectual Property 122

IP Watchdog

FEBRUARY 1, 2023

We use many different strategies during patent prosecution. The Request for Comments suggests several different changes to patent prosecution, none of which address small companies’ needs. Many of our strategies reflect the startup-nature of our inventions, where we are constantly working on the product-market-fit.

Patent Prosecution 109

Patent Prosecution Patent Inventor Invention 109

SpicyIP

JANUARY 17, 2024

Discussing the background of the case in this guest post, Suriya Balakanthan, highlights how these procedural lapses took place and highlights the impact that this case can have on the patent prosecution setup. Suriya is a Patent Analyst from Salem Tamil Nadu. The views expressed at those of the author’s alone.

Patent Prosecution 64

Patent Prosecution Patent Invention Copying 64

JD Supra Law

DECEMBER 17, 2024

The sun is officially setting on the United States Patent and Trademark Offices (USPTO) After Final Consideration Pilot Program 2.0 This program, which has been instrumental in facilitating patent prosecution efficiency, will officially conclude on Saturday, December 14, 2024. By: Knobbe Martens

Patent Prosecution 112

Patent Prosecution Trademark Patent 112

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.

Patent Prosecution 134

Patent Prosecution Patent Trademark Patent Infringement 134

IP Watchdog

AUGUST 2, 2021

Patent and Trademark Office (USPTO) practice, and discuss implications for practitioners. Section 121 is designed to address potential unfairness that may arise from the interplay of two common aspects of patent prosecution practice.

Patent Prosecution 130

Patent Prosecution Patent Design Designs 130

Patently-O

MAY 5, 2025

I recently reread the case and wanted to reintroduce the case that continues to be regularly cited in both patent prosecution and litigation. 1993), set an important boundary on the use of inherency in obviousness determinations.

Patent Prosecution 52

Patent Prosecution Patent Application Art Litigation 52

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.

Litigation 108

Litigation Patent Prosecution Patent Patent Application 108

Managing IP

APRIL 19, 2023

Whether Pauline Newman steps down now or in the future, her famous dissents, experience and patent prosecution history have won her the respect of the bar

Patent Prosecution 105

Patent Prosecution IP Patent 105

Patently-O

NOVEMBER 28, 2022

I wanted to get a more accurate number of folks currently practicing in the patent prosecution area. Do do this, I downloaded and parsed through USPTO records for utility patent applications filed since mid 2018 and that have been made public. About 80% are attorneys with the remaining 20% being patent agents.

Patent Prosecution 94

Patent Prosecution Patent Patent Application Contracts 94

IP Watchdog

NOVEMBER 8, 2024

Venable LLP’s Patent Prosecution and Counseling group seeks a patent agent with three or more years of experience and a background in electrical engineering, computer engineering, or computer science to join the practice in the Washington, D.C., or New York office.

Patent Prosecution 59

Patent Prosecution Patent Patent Application IP 59

IP Watchdog

JUNE 19, 2023

interests; Senator Chuck Schumer (D-NY) announces an AI policy framework that he hopes will lay the groundwork for bipartisan AI policy; and IPWatchdog hosts its inaugural Patent Prosecution & Portfolio Management Masters program.

Patent Prosecution 107

Patent Prosecution IP Patent Government 107

JD Supra Law

NOVEMBER 15, 2023

affirmed a pair of final written decisions at the Patent Trial and Appeal Board (PTAB) that invalidated challenged patent claims owned by Monterey Research (“Monterey”) covering an “improved Static Random Access Memory (SRAM) cell design and method of manufacture” for computer memory. On October 26, 2023, the U.S.

Patent Prosecution 68

Patent Prosecution Patent Design Designs 68

Patently-O

DECEMBER 2, 2024

I would suggest that the pathways through USPTO patent prosecution are at least as intricate and manifold. While prosecution statistics reveal some common routes through the maze—each application charts its own course through a complex network of non-final rejections, final rejections, RCEs, and after-final practice.

Patent 49

Patent Patent Prosecution 49

IP Law 360

OCTOBER 3, 2024

French and American authorities announced plans Thursday to extend their deal to fast-track patent examinations for IP already approved in the other jurisdiction for another five years.

Patent Prosecution 52

Patent Prosecution Patent IP 52

JD Supra Law

JUNE 23, 2022

Building a successful life sciences patent estate can seem like a daunting task, but a foundation of strategic decisions early on can be a big help long term. By: Orrick, Herrington & Sutcliffe LLP

Patent Prosecution 97

Patent Prosecution Patent Invention 97

IP Law 360

APRIL 11, 2025

A statistical analysis of patent litigation shows an inverse correlation between the number of office actions a patent application receives before allowance and the likelihood that a patent will be found infringing, though this trend varies based on examiner toughness, say attorneys at Baker Botts.

Patent Prosecution 52

Patent Prosecution Patent Patent Application Litigation 52

JD Supra Law

NOVEMBER 29, 2022

Innovators seeking patent protection for entertainment software inventions should be aware that all software inventions face patent-eligibility issues. Nevertheless, patent practitioners who are experienced in the art of software patent prosecution can help ensure that software inventions get maximum protection.

Invention 96

Invention Patent Prosecution Patent Art 96

Patently-O

NOVEMBER 13, 2022

But, there are several circumstances that might alter the patent term. As a consequence, only a minority of patents fit the standard. One circumstance involves unduly delayed patent prosecution that results in “patent term adjustment” or PTA under 35 U.S.C.

Patent Prosecution 124

Patent Prosecution Patent 124

JD Supra Law

MAY 12, 2022

ACI’s Advanced Summit on Life Sciences Patents is back in person on June 2–3 in New York City. Our reimagined 2022 conference will provide practical insights on how to implement bullet-proof patent prosecution tactics, maximize patent life cycles and develop strategies to enhance protections for your patent portfolio.

Patent Prosecution 98

Patent Prosecution Patent 98

IP Law 360

MARCH 5, 2025

Though practitioners might hypothesize that patents with longer prosecution histories are less likely to have inherent validity problems, a statistical analysis of over 89,000 patents involved in litigation suggests otherwise, say attorneys at Baker Botts.

Patent Prosecution 52

Patent Prosecution Patent Litigation 52

IP Law 360

JANUARY 2, 2025

Despite relying on two rock-solid principles of patent law, DDR lost its Federal Circuit case against Priceline.com, highlighting how a change in the scope of the invention from the provisional to the nonprovisional application can affect the court's analysis of how a skilled artisan would understand claim terms after reading the prosecution history, (..)

Patent Prosecution 52

Patent Prosecution Patent Invention Patent Law 52

Patently-O

FEBRUARY 12, 2025

by Dennis Crouch The USPTO's new fee structure, which took effect on January 19, 2025, introduces significant changes that will reshape patent prosecution strategy in the coming years.

Patent Prosecution 45

Patent Prosecution Patent 45