PTO Proposes Changes to Implement Micro Entity Patent Fees
The amend to the rules of practice in patent cases is for the purpose of implementing the micro entity provision of the Leahy-Smith America Invents Act (AIA). If an applicant qualifies as a micro...
View ArticlePractice Before the Patent Trial and Appeal Board
The one thing that will be markedly different from federal court practice, however, is that for the most part only registered Patent Attorneys or Patent Agents will be able to appear before the Patent...
View ArticleUSPTO Publishes Proposed First to File Examination Guidelines
For well over a year I have been explaining that under the US first to file system the inventor will still have a personal grace-period, but that the grace-period is personal and relates only to the...
View ArticleUSPTO Publishes Final Rules for Administrative Trials Under AIA
The U.S. Department of Commerce’s United States Patent and Trademark Office (USPTO) announced today that it will publish final rules in the Federal Register on August 14, 2012, to implement three...
View ArticleTafas v. Dudas/Doll – 5 Years Later But Still Very Pertinent
Although such Final Rules were widely criticized by most companies in the United States, a sole individual, Dr. Triantafyllos Tafas, a co-inventor of a computerized automated microscope, stood alone...
View ArticleFirst Inventor to File: USPTO Derivation Proceedings Go Final
Section 42.405(c) provides that a derivation is not sufficiently shown unless it is supported by substantial evidence. This includes at least one affidavit addressing communication and lack of...
View ArticleSupplemental Examination at the USPTO
At the conclusion of the supplemental examination if the certificate issued indicates that a substantial new question of patentability is raised an ex parte reexamination will be ordered by the USPTO....
View ArticleUSPTO Proposes Updated Professional Conduct Rules
This proposed rule package adopts most ABA provisions wholesale or with minor revisions and codifies many professional responsibility obligations that already apply to the practice of law....
View ArticleSupporting Proposed Rules on Disclosure of Real-Party-in-Interest
In the last five years, the patent market has undergone a change of seismic proportions. Patent rights are now regularly stripped from any underlying product and traded much like commodities in a...
View ArticleUSPTO Publishes Final Rules and Guidelines Governing First-Inventor-to-File
The U.S. Department of Commerce’s United States Patent and Trademark Office (USPTO) today published final rules of practice implementing the first-inventor-to-file provision of the Leahy-Smith America...
View ArticleFirst-to-File Guidelines: Did Congress Mean What they Said?
Almost two weeks ago the United States Patent and Trademark Office issued two Federal Register Notices in anticipation of the U.S. converting from first-to-invent to a first-to-file regime. The first...
View ArticleUSPTO Proposes New Rules to Implement Patent Law Treaty
The notable changes in the PLTIA to implement the PLT can be generally broken down into four major categories, although there are all kinds of nuance as you probably could have guessed. Nevertheless,...
View ArticleAttributable Ownership Public Hearings on March 13 and 26, 2014: Testimony...
The USPTO announces two public hearings in March 2014 to receive feedback about proposed rules concerning the ownership of patents and applications (aka “attributable ownership proposed rules”). The...
View ArticleDeadline Approaches for Public Comments on Patent Term Adjustment
Novartis filed law suits that challenged the determinations by the USPTO of how much time to add to the patent term under 35 U.S.C. § 154(b) with respect to 18 different patents. The district court...
View ArticlePTO Proposes Rule Changes to Enable Electronic File Sharing
To facilitate electronic file sharing between IP offices, such as the sharing relating to the priority document exchange (PDX) program and the program by which U.S. search results are delivered to the...
View ArticlePTO Seeks Comment on AIA Post Grant Administrative Trials
The administrative trial proceedings created by the AIA are: (1) Inter partes review; (2) post-grant review; (3) covered business method patents review; and (4) derivation proceedings. To bring these...
View ArticleTafas v. Dudas/Doll – 5 Years Later But Still Very Pertinent
Although such Final Rules were widely criticized by most companies in the United States, a sole individual, Dr. Triantafyllos Tafas, a co-inventor of a computerized automated microscope, stood alone...
View ArticleFirst Inventor to File: USPTO Derivation Proceedings Go Final
Section 42.405(c) provides that a derivation is not sufficiently shown unless it is supported by substantial evidence. This includes at least one affidavit addressing communication and lack of...
View ArticleOverview of USPTO proposed rule changes to practice before the Patent Trial...
USPTO proposed rule changes would amend the existing rules relating to trial practice for inter partes review (IPR), post-grant review (PGR), the transitional program for covered business method...
View ArticlePatent Office amends PTAB Trial Practice Rules
Last week, on Friday, April 1, 2016, the United States Patent and Trademark Office published a final rules in the Federal Register. These newly minted final rules, which become effective on May 2,...
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