Tag: USPTO
Patent Reissue Claims: Federal Circuit Says Actual Claim Language, Not Inventor Intent, Controls Scope
May 6, 2025
In re Kostic Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit clarified an important rule for patent owners seeking to broaden their claims through a reissue: what matters is the actual language of the original claims,…
Read MorePatent Provisional Rights Don’t Outlive Patent Expiration, Says Federal Circuit
April 3, 2025
In re Forest Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit clarified that “provisional rights” to a patent cannot exist if the patent itself is already expired by the time it issues. The case involved Donald…
Read MoreIn re Riggs Clarifies Who Gets the Benefit of a Provisional Patent’s Filing Date
March 24, 2025
In re Riggs Authored by: Jeremy J. Gustrowsky The Federal Circuit recently decided In re Riggs which sheds new light on when a published patent application can use the filing date of its earlier provisional application to qualify as prior…
Read MoreJepson Claims Face Higher Written Description Bar in In re Xencor, Inc.
March 13, 2025
In re Xencor, Inc Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit affirmed the rejection of Xencor, Inc.’s patent application (U.S. Patent Application No. 16/803,690) for failing to provide an adequate written description, particularly focusing on…
Read MorePatent Board Affirms Rejection of DeepMind’s Machine Learning Patent Application, Citing Obviousness and Lack of Patent-Eligible Subject Matter
March 4, 2025
USPTO Authored by: Jeremy J. Gustrowsky A recent decision from the Patent Trial and Appeal Board (PTAB) highlights the challenges of patenting advances in artificial intelligence and machine learning. In the appeal concerning U.S. Patent Application No. 16/319,040, filed by…
Read MorePatent Office Can Continue Reexams Even After IPRs and Patent Expiration, Court Says
January 27, 2025
In re Gesture Tech. Partners, LLC Authored by: Jeremy J. Gustrowsky A recent decision has clarified how patent challenges can proceed even after multiple rounds of review and the expiration of the patent itself. Gesture Technology Partners, LLC found itself…
Read MorePublished Patent Applications Can Be Used as Prior Art in IPRs—Even Before They’re Public
January 14, 2025
Lynk Labs, Inc. v. Samsung Elecs. Co Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit clarified a key question for patent law: Can a published patent application be used as prior art in an inter partes…
Read MoreFederal Circuit Denies Dismissal Request After Issuing Opinion in Cisco v. K.Mizra
August 16, 2024
Cisco Sys., Inc. v. K.Mizra LLC Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit clarified what happens when parties try to dismiss an appeal after the court has already issued its opinion. The case involved Cisco…
Read MoreInvention-Con 2024: Expanding your intellectual property potential
August 1, 2024
The USPTO’s inventors conference will take place August 16-17 in-person and virtually. This free, flagship conference is tailored for the independent inventor and entrepreneur community. Learn how accomplished innovators, inventors, entrepreneurs, and business owners use IP to achieve success, discover…
Read MorePatent Office Estoppel Rule Survives Challenge, But Its Reach Is Limited
July 26, 2024
SoftView LLC v. Apple Inc Authored by: Jeremy J. Gustrowsky A recent decision from the Federal Circuit clarified how far the Patent Office can go in preventing patent owners from reclaiming lost ground after losing claims in an inter partes…
Read MorePatent Time Limits: When Amending Claims Can Cost You the Patent
May 23, 2024
Speck v. Bates Authored by: Jeremy J. Gustrowsky A recent Federal Circuit decision highlights the importance of timing and claim amendments in patent interference proceedings. The dispute centered on a drug-coated balloon catheter, with Ulrich Speck and Bruno Scheller challenging…
Read MoreFederal Circuit Overhauls Design Patent Obviousness Test, Making It Easier to Challenge Patents
May 21, 2024
LKQ Corp. v. GM Glob. Tech. Operations LLC Authored by: Jeremy J. Gustrowsky In a major shift for design patent law, the Federal Circuit has thrown out the long-standing Rosen-Durling test, which made it difficult to challenge the validity of…
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