Tag: US Patent Office
I Want a Patent – How Soon Is Too Soon?
June 3, 2010
Clients and prospective clients are often eager to obtain patent protection even though their new product (invention) is still “under development”. They often ask: “When should I file a patent application?” and “What type of application should I file?” If…
Read MoreNew Procedure for Appeal Brief Review in Ex Parte Reexamination Proceedings
May 26, 2010
In the most recent publication of the Federal Register (Vol. 75, No. 100), the United States Patent and Trademark Office (USPTO) announced a new procedure for the review of appeal briefs filed in ex parte reexamination proceeding appeals. The intention…
Read MoreUSPTO Opens “Project Exchange” Program To All Applicants
May 19, 2010
On November 6, 2009, the USPTO announced the initiation of a program called “Project Exchange.” This program was initially limited to applicants claiming small entity status; however, the USPTO has more recently announced that this program will be available to…
Read MoreDirector Kappos Comments on Written Description Requirement
May 12, 2010
The Court of Appeals for the Federal Circuit (CAFC) recently issued on en banc decision in Ariad Pharmaceuticals, Inc. v. Eli Lilly & Co., essentially leaving the written description requirement intact. In that case, Ariad filed a patent application relating…
Read MoreUSPTO Launches “Trademark Information Network”
April 28, 2010
In case you don’t have enough to watch on TV, the USPTO launched a portion of its new Trademark Information Network where anyone can view news broadcast-style videos that cover important topics and can teach you about the various phases…
Read MoreUSPTO Announces Ombudsman Pilot Program
April 21, 2010
The USPTO recently announced its new Ombudsman Pilot Program. The Ombudsman Pilot Program is designed to enhance the experience applicants and their representatives have in dealing with issues that arise during patent application prosecution. To do so, the USPTO is…
Read MoreUSPTO Considers Extending Provisional Patent Duration from 12 to 24 Months
April 14, 2010
The United States Patent and Trademark Office (USPTO) is considering making a change to pendency of provisional patent applications. The change, if adopted, would somewhat extend the existing 12‑month provisional application period to 24-months. This change would be implemented through…
Read MorePatent Prosecution Highway Update
March 18, 2010
A pilot program of the Trilateral (EPO, JPO and USPTO) PCT-Patent Prosecution Highway began January 29, 2010 and is planned to run for two years. The program fast-tracks patent examinations in the EPO, JPO and USPTO for PCT applications receiving…
Read MoreNew Examiner Count System Takes Effect
February 26, 2010
As we previously discussed, the United States Patent and Trademark Office (USPTO) proposed significant changes to the Examiner count system on September 30, 2009. Those proposed changes took effect on February 18, 2010. As indicated in the USPTO press release…
Read MoreCAFC Upholds Finding of Inequitable Conduct For Failure to Disclose Contradictory Statements Regarding Prior Art
February 11, 2010
The Federal Circuit has recently affirmed a Northern District of California decision finding, among other things, U.S. Patent No. 5,820,551 (the ‘551 patent) unenforceable due to inequitable conduct. Therasense, Inc. v. Becton, Dickinson and Co., Case No. 2009-1511 (Fed. Cir.…
Read MoreHappy Birthday, Edison! National Inventor’s Day
February 8, 2010
February 11th is National Inventors’ Day in the United States. It is celebrated on the birthday of one of the best inventors in the history of the United States: Thomas Alva Edison. Edison has over 1,000 U.S. patents issued in…
Read MoreExtend Your Patent Term
February 5, 2010
In a recent case (Wyeth v. Kappos), the Federal Circuit issued an opinion concerning how Patent Term Adjustment (PTA) should be calculated. The USPTO’s method of calculating PTA will now be revised based on the new standard. The result favors…
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