Tag: USPTO
USPTO Panel Reverses §101 Rejection for AI Training Patent, Citing Real Technical Improvements
September 26, 2025
USPTO Authored by: Jeremy J. Gustrowsky A recent decision by the United States Patent and Trademark Office (USPTO) Appeals Review Panel has important implications for artificial intelligence (AI) and machine learning patents. The case involved U.S. Patent Application No. 16/319,040,…
Read MoreFederal Circuit Affirms Prosecution Laches Defense Against Hyatt’s Decades-Old Patent Applications
August 29, 2025
Hyatt v. Stewart Authored by: Jeremy J. Gustrowsky In the long-running legal saga of inventor Gilbert P. Hyatt, the Federal Circuit has once again sided with the U.S. Patent and Trademark Office (USPTO), affirming that prosecution laches—a defense based on…
Read MoreFederal Circuit Clarifies Limits of Interference Estoppel in Patent Reviews: IGT v. Zynga
July 22, 2025
IGT v. Zynga Inc Authored by: Jeremy J. Gustrowsky In a significant decision for patent litigation and the gaming industry, the Federal Circuit affirmed the unpatentability of several claims in IGT’s U.S. Patent No. 7,168,089, which covers secure software transfers…
Read MorePatent Board Denies Rehearing for DeepMind’s Machine Learning Patent Application
July 14, 2025
USPTO Authored by: Jeremy J. Gustrowsky In a recent decision, the Patent Trial and Appeal Board (PTAB) denied a request for rehearing from DeepMind Technologies Limited regarding their U.S. Patent Application No. 16/319,040. The application, which focuses on improving machine…
Read MoreFrench Fashion Brand Blocked from Registering “VETEMENTS” as a U.S. Trademark
May 21, 2025
In re Vetements Grp. AG Authored by: Jeremy J. Gustrowsky In a recent decision, the U.S. Court of Appeals for the Federal Circuit affirmed the refusal to register the mark “VETEMENTS” for clothing and online retail clothing store services. The…
Read MoreFederal Circuit Affirms Refusal to Register “US SPACE FORCE” Trademark Due to False Suggestion of Connection with U.S. Government
May 7, 2025
In re Foster Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit affirmed the refusal to register the trademark “US SPACE FORCE” for private use, finding that it would falsely suggest a connection with the United States…
Read MorePatent 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…
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