#uspto

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#patent-law

Two Decades and Counting: The Never-Ending Section 101 Battle Over Financial Analytics

The application illustrates ongoing challenges in patent eligibility and the long duration of some pending cases.

The Fox Who Would Guard the USPTO Henhouse

The next USPTO director must uphold the historical American patent model to ensure competitiveness against countries like China.

Why the Proposed Rule on Terminal Disclaimers Should Not Be Finalized

The USPTO should enhance examination practices for continuation applications while leaving policy decisions about patent thickets to Congress.

Thorn in USPTO's Side: Judge Fitzpatrick's Whistleblower Victory

The MSPB ruled in favor of APJ Fitzpatrick, affirming his claims of retaliation from USPTO for whistleblowing on agency misconduct in panel stacking.

Commerce Department Announces NIST and USPTO Action on AI

USPTO published an RFC on AI's impact on patent law, including PHOSITA concept and examination guidance.
The Department of Commerce announced actions on AI safety, security, and distinguishing human versus AI-produced content.

USPTO Makes Motion to Amend Pilot Permanent in Final Rule

The USPTO's final rule improves the Motion to Amend process, providing greater assurance of patentability evaluation before issuance.

Two Decades and Counting: The Never-Ending Section 101 Battle Over Financial Analytics

The application illustrates ongoing challenges in patent eligibility and the long duration of some pending cases.

The Fox Who Would Guard the USPTO Henhouse

The next USPTO director must uphold the historical American patent model to ensure competitiveness against countries like China.

Why the Proposed Rule on Terminal Disclaimers Should Not Be Finalized

The USPTO should enhance examination practices for continuation applications while leaving policy decisions about patent thickets to Congress.

Thorn in USPTO's Side: Judge Fitzpatrick's Whistleblower Victory

The MSPB ruled in favor of APJ Fitzpatrick, affirming his claims of retaliation from USPTO for whistleblowing on agency misconduct in panel stacking.

Commerce Department Announces NIST and USPTO Action on AI

USPTO published an RFC on AI's impact on patent law, including PHOSITA concept and examination guidance.
The Department of Commerce announced actions on AI safety, security, and distinguishing human versus AI-produced content.

USPTO Makes Motion to Amend Pilot Permanent in Final Rule

The USPTO's final rule improves the Motion to Amend process, providing greater assurance of patentability evaluation before issuance.
morepatent-law
#intellectual-property

As Trump Administration Takes Shape, a Big Tech Pick for USPTO Seems Far-Fetched

The next USPTO Director must prioritize comprehensive reform for stakeholders beyond just big tech as outlined by President-elect Trump.

The IP Community's Wildest Dreams for 2025

Strengthening intellectual property rights through policy changes and legislative support is a priority for 2025.

USPTO Director Kathi Vidal Announces She Will Resign in Early December

Kathi Vidal's leadership at USPTO focused on promoting intellectual property rights and supporting employee-first initiatives.

Trump Picks for Commerce and DOJ Are at Odds with Rumored Pick for USPTO

Nominating Vishal Amin to head the USPTO may contradict Trump's agenda, creating internal conflicts over patent policy.

Canon's Sivon Kalminov Talks Getting to Yes at the USPTO

Effective patent prosecution relies on clear communication with examiners and adapting to USPTO changes.
Regional representation in global patent strategies is essential for success.

USPTO Says Order Terminating More than 3,000 Applications for Fraudulent Signatures is a Warning for Practitioners

The USPTO terminated about 3,100 patent applications due to fraudulent use of signatures, highlighting the importance of compliance with USPTO rules.

As Trump Administration Takes Shape, a Big Tech Pick for USPTO Seems Far-Fetched

The next USPTO Director must prioritize comprehensive reform for stakeholders beyond just big tech as outlined by President-elect Trump.

The IP Community's Wildest Dreams for 2025

Strengthening intellectual property rights through policy changes and legislative support is a priority for 2025.

USPTO Director Kathi Vidal Announces She Will Resign in Early December

Kathi Vidal's leadership at USPTO focused on promoting intellectual property rights and supporting employee-first initiatives.

Trump Picks for Commerce and DOJ Are at Odds with Rumored Pick for USPTO

Nominating Vishal Amin to head the USPTO may contradict Trump's agenda, creating internal conflicts over patent policy.

Canon's Sivon Kalminov Talks Getting to Yes at the USPTO

Effective patent prosecution relies on clear communication with examiners and adapting to USPTO changes.
Regional representation in global patent strategies is essential for success.

USPTO Says Order Terminating More than 3,000 Applications for Fraudulent Signatures is a Warning for Practitioners

The USPTO terminated about 3,100 patent applications due to fraudulent use of signatures, highlighting the importance of compliance with USPTO rules.
moreintellectual-property
#utility-patents

Patent Grants for 2024

The USPTO issued 7,499 utility patents in a week, almost setting a record, aided by an extra Tuesday in 2024.

Some numbers from this week

High allowance rates in different patent categories indicate variability in scrutiny levels within the USPTO.

Patent Grants for 2024

The USPTO issued 7,499 utility patents in a week, almost setting a record, aided by an extra Tuesday in 2024.

Some numbers from this week

High allowance rates in different patent categories indicate variability in scrutiny levels within the USPTO.
moreutility-patents
#patent-policy

Howard Lutnick and the Patent System

Howard Lutnick's nomination as Secretary of Commerce could significantly impact patent policy due to his unique experiences in invention and litigation.

What Happened at the USPTO in 2024-and What's to Come

Upcoming USPTO leadership changes will influence patent policies in 2025, particularly with the new Director's potential alignment with previous Big Tech policies.

Howard Lutnick and the Patent System

Howard Lutnick's nomination as Secretary of Commerce could significantly impact patent policy due to his unique experiences in invention and litigation.

What Happened at the USPTO in 2024-and What's to Come

Upcoming USPTO leadership changes will influence patent policies in 2025, particularly with the new Director's potential alignment with previous Big Tech policies.
morepatent-policy
#patent-fees

US PATENT FEE INCREASES FOR 2025: Not (Nearly) as Bad as They Could Have Been

The USPTO is implementing substantial patent fee increases effective January 2025, affecting prosecution strategies.
Controversial proposed fees faced pushback, leading to some retractions.

USPTO Implements Substantial Fee Increases for 2025: Revenue Needs and Behavioral Incentives

Significant fee increases by the USPTO will take effect in January 2025, potentially prompting legal challenges from patent applicants.
The fee changes could influence applicant behavior and economic decisions.

After Loper Bright, the USPTO Should Reopen the Comment Period for FY 2025-2029 Patent Fees

USPTO proposed significant fee increases for 2025-2029, raising concerns among stakeholders about transparency and political motivations in fee setting.

US PATENT FEE INCREASES FOR 2025: Not (Nearly) as Bad as They Could Have Been

The USPTO is implementing substantial patent fee increases effective January 2025, affecting prosecution strategies.
Controversial proposed fees faced pushback, leading to some retractions.

USPTO Implements Substantial Fee Increases for 2025: Revenue Needs and Behavioral Incentives

Significant fee increases by the USPTO will take effect in January 2025, potentially prompting legal challenges from patent applicants.
The fee changes could influence applicant behavior and economic decisions.

After Loper Bright, the USPTO Should Reopen the Comment Period for FY 2025-2029 Patent Fees

USPTO proposed significant fee increases for 2025-2029, raising concerns among stakeholders about transparency and political motivations in fee setting.
morepatent-fees
#trademark

USPTO petitioned to cancel Oracle's JavaScript trademark

Oracle's trademark ownership of 'JavaScript' creates unnecessary barriers; a petition to the USPTO seeks to free the name for public use.

Hundreds of Trademark Applicants Get Erroneous Notices of Abandonment from USPTO

A system error at the USPTO led to incorrect abandonment notices for hundreds of trademark applications, prompting significant client frustration.

Other Barks & Bites for Friday, October 25: Microsoft CEO Asks for Changes in Copyright Law; Report Finds 22% Growth in Semiconductor Patent Filings; and Former OpenAI Employee Claims Company Breaks Copyright Law

The USPTO is enhancing trademark audit methods to ensure more accurate registrations.
A former OpenAI employee claims that ChatGPT's use of copyrighted materials may violate copyright laws.

Meghan Markle's American Riviera Orchard's logo hits trademark snag - and it's all about the 'O': report

Meghan Markle's American Riviera Orchard faces trademark challenges regarding logo description inaccuracies and broad product classifications.

Meghan Markle considering American Riviera Orchard name change after trademark refusal: report

Meghan Markle's lifestyle brand name may change after USPTO trademark application rejected due to geographical restrictions.

Meghan Markle is refused a trademark for American Riviera Orchard ahead of launch

Meghan Markle's trademark application for American Riviera Orchard was rejected due to its geographical name, impacting her lifestyle brand plans.

USPTO petitioned to cancel Oracle's JavaScript trademark

Oracle's trademark ownership of 'JavaScript' creates unnecessary barriers; a petition to the USPTO seeks to free the name for public use.

Hundreds of Trademark Applicants Get Erroneous Notices of Abandonment from USPTO

A system error at the USPTO led to incorrect abandonment notices for hundreds of trademark applications, prompting significant client frustration.

Other Barks & Bites for Friday, October 25: Microsoft CEO Asks for Changes in Copyright Law; Report Finds 22% Growth in Semiconductor Patent Filings; and Former OpenAI Employee Claims Company Breaks Copyright Law

The USPTO is enhancing trademark audit methods to ensure more accurate registrations.
A former OpenAI employee claims that ChatGPT's use of copyrighted materials may violate copyright laws.

Meghan Markle's American Riviera Orchard's logo hits trademark snag - and it's all about the 'O': report

Meghan Markle's American Riviera Orchard faces trademark challenges regarding logo description inaccuracies and broad product classifications.

Meghan Markle considering American Riviera Orchard name change after trademark refusal: report

Meghan Markle's lifestyle brand name may change after USPTO trademark application rejected due to geographical restrictions.

Meghan Markle is refused a trademark for American Riviera Orchard ahead of launch

Meghan Markle's trademark application for American Riviera Orchard was rejected due to its geographical name, impacting her lifestyle brand plans.
moretrademark
#patent-prosecution

Many Paths to Patent Issuance

Navigating USPTO patent prosecution is intricate, sometimes requiring guidance similar to Ariadne's thread.

The Shift Towards Primary Examiners: Implications for Patent Prosecution

USPTO examiner composition has shifted, with a decrease in assistant examiners and increase in primary examiners, affecting patent prosecution strategies.

Many Paths to Patent Issuance

Navigating USPTO patent prosecution is intricate, sometimes requiring guidance similar to Ariadne's thread.

The Shift Towards Primary Examiners: Implications for Patent Prosecution

USPTO examiner composition has shifted, with a decrease in assistant examiners and increase in primary examiners, affecting patent prosecution strategies.
morepatent-prosecution
#kathi-vidal

USPTO Patent Grant Rate and Growing Backlog

The USPTO grant rate has significantly increased since 2010 due to policy changes, but recent trends indicate a possible recalibration under new leadership.

USPTO Director Vidal Announces December Departure

Kathi Vidal's departure from the USPTO marks a significant transition, especially regarding diversity initiatives and ongoing patent system reforms.

False USPTO Narratives and the Urgent Need for PTAB Reform

The Senate's approval of PREVAIL marks a significant step towards PTAB reform amidst ongoing debates and concerns.

USPTO Patent Grant Rate and Growing Backlog

The USPTO grant rate has significantly increased since 2010 due to policy changes, but recent trends indicate a possible recalibration under new leadership.

USPTO Director Vidal Announces December Departure

Kathi Vidal's departure from the USPTO marks a significant transition, especially regarding diversity initiatives and ongoing patent system reforms.

False USPTO Narratives and the Urgent Need for PTAB Reform

The Senate's approval of PREVAIL marks a significant step towards PTAB reform amidst ongoing debates and concerns.
morekathi-vidal
#trademark-law

Using Settlements and Case Resolution to Reduce the High Cost of U.S. Trademark Disputes

The U.S. trademark dispute process is expensive and cumbersome, discouraging valid claims and allowing similar trademarks to be registered.

Government Opposition to Chestek's Cert Petition

The USPTO may regulate without notice-and-comment rulemaking, raising questions about the extent of its procedural authority.
Chestek's case challenges the USPTO's authority based on privacy and regulatory procedure.

What's in a Name[ly]?: Considerations for Using 'Namely' in Trademark Applications

Improper use of 'namely' in trademark applications can significantly alter intended scope and understanding of goods.

Using Settlements and Case Resolution to Reduce the High Cost of U.S. Trademark Disputes

The U.S. trademark dispute process is expensive and cumbersome, discouraging valid claims and allowing similar trademarks to be registered.

Government Opposition to Chestek's Cert Petition

The USPTO may regulate without notice-and-comment rulemaking, raising questions about the extent of its procedural authority.
Chestek's case challenges the USPTO's authority based on privacy and regulatory procedure.

What's in a Name[ly]?: Considerations for Using 'Namely' in Trademark Applications

Improper use of 'namely' in trademark applications can significantly alter intended scope and understanding of goods.
moretrademark-law
from Patently-O
1 month ago

The NHK-Fintiv Saga Continues: USPTO and Amicus Defend Discretionary Denials

The Federal Circuit will decide if the USPTO's NHK-Fintiv framework for IPR denials necessitates notice-and-comment rulemaking under the APA.
#ptab

Director Review Petitions Charge PTAB Analysis of Plant Utility Claims Threatens Competition for U.S. Farmers

The petitions claim PTAB's heightened patentability standard for plant utility claims undermines competition in seed markets.

USPTO Issues Final Rule on Director Review Process, Scraps After Final Consideration Pilot

The USPTO has formalized its interim Director Review process for PTAB decisions following the Supreme Court's Arthrex ruling.

Director Review Petitions Charge PTAB Analysis of Plant Utility Claims Threatens Competition for U.S. Farmers

The petitions claim PTAB's heightened patentability standard for plant utility claims undermines competition in seed markets.

USPTO Issues Final Rule on Director Review Process, Scraps After Final Consideration Pilot

The USPTO has formalized its interim Director Review process for PTAB decisions following the Supreme Court's Arthrex ruling.
moreptab
#patent-claims

Patent Claim Count

Standardization in US patent claim counts is increasing, with median and mean claims stabilizing around 16-17 per patent.

AI and Patent Attorney Misconduct

AI tools are being used to draft patent claims and increase productivity in the legal field.
The use of AI tools in patent office proceedings must still adhere to ethical duties, such as candor and misconduct rules.

Patent Claim Count

Standardization in US patent claim counts is increasing, with median and mean claims stabilizing around 16-17 per patent.

AI and Patent Attorney Misconduct

AI tools are being used to draft patent claims and increase productivity in the legal field.
The use of AI tools in patent office proceedings must still adhere to ethical duties, such as candor and misconduct rules.
morepatent-claims

IPWatchdog Celebrates 25 Years, Gene Quinn Awarded for Lifetime Achievement, and Former USPTO Leaders Discuss Ways to Improve the Agency

Gene Quinn was awarded the Lifetime Achievement Award for his contributions to the IP community and the evolution of IPWatchdog into a multifaceted organization.
#innovation

Tapping our Full Potential: Nominations for US Council on Inclusive Innovation

The USPTO is enhancing inclusivity and diversity in patent participation among underrepresented groups through the Council for Inclusive Innovation initiative.

Patent Quality Report Finds Improper Patent Abandonment is Greater Issue Than Improper Grants

The USPTO makes more errors by rejecting valid patents than by granting invalid ones.

Tapping our Full Potential: Nominations for US Council on Inclusive Innovation

The USPTO is enhancing inclusivity and diversity in patent participation among underrepresented groups through the Council for Inclusive Innovation initiative.

Patent Quality Report Finds Improper Patent Abandonment is Greater Issue Than Improper Grants

The USPTO makes more errors by rejecting valid patents than by granting invalid ones.
moreinnovation
#drug-pricing

Chamber's GIPC Tells USPTO to Pivot on Coordination Plans with FDA

Activists are urging the FDA to engage more in patent examination processes, but this initiative faces opposition from the U.S. Chamber of Commerce.

Why are the FDA and USPTO Ignoring Requests for Info on I-MAK?

Senator Tillis questions FDA and USPTO on data supporting drug pricing proposals, emphasizes need for accurate information.

Chamber's GIPC Tells USPTO to Pivot on Coordination Plans with FDA

Activists are urging the FDA to engage more in patent examination processes, but this initiative faces opposition from the U.S. Chamber of Commerce.

Why are the FDA and USPTO Ignoring Requests for Info on I-MAK?

Senator Tillis questions FDA and USPTO on data supporting drug pricing proposals, emphasizes need for accurate information.
moredrug-pricing
#obviousness

Livestream of LKQ v. GM

The Federal Circuit is hearing oral arguments in the design patent case of LKQ Corporation v. GM Global Technology Operations LLC.
LKQ argues that the Federal Circuit's obviousness standard makes it too difficult to reject or cancel design patent claims.

"Directed to" vs. "Reciting" vs. "Involving" an Abstract Idea

The PTAB reversed the eligibility rejection but affirmed the obviousness findings in Ex parte Annakov.

Livestream of LKQ v. GM

The Federal Circuit is hearing oral arguments in the design patent case of LKQ Corporation v. GM Global Technology Operations LLC.
LKQ argues that the Federal Circuit's obviousness standard makes it too difficult to reject or cancel design patent claims.

"Directed to" vs. "Reciting" vs. "Involving" an Abstract Idea

The PTAB reversed the eligibility rejection but affirmed the obviousness findings in Ex parte Annakov.
moreobviousness
from Creative Bloq
4 months ago

Meghan Markle's logo patent rejection presents a golden design opportunity

Meghan Markle's logo application was rejected by the USPTO due to it being overly intricate and difficult to read.

Empowering Women in IP: Bridging Gaps and Building Futures

The Women's IP Forum was created to empower and connect women in the IP field.
Only 10% of patent litigators are women, highlighting the need for increased representation.
The forum included female speakers only, emphasizing women's contributions and leadership in IP.
#design-patents

USPTO Adapts to CAFC's New Guidelines: What Design Patent Examiners Need to Know

USPTO aligns practices with flexible approach on design patent obviousness after LKQ v. GM decision.

Animated GUI Design Patents

The design patent world has transitioned to patenting animated portions of display screens, with a steady rise in patents issued for such designs.

USPTO Adapts to CAFC's New Guidelines: What Design Patent Examiners Need to Know

USPTO aligns practices with flexible approach on design patent obviousness after LKQ v. GM decision.

Animated GUI Design Patents

The design patent world has transitioned to patenting animated portions of display screens, with a steady rise in patents issued for such designs.
moredesign-patents

USPTO Proposes National Strategy to Incentivize Inclusive Innovation

The USPTO announced a National Strategy for Inclusive Innovation to promote STEM participation and support underrepresented communities in inventorship and commercialization.

Discerning Signal from Noise: Navigating the Flood of AI-Generated Prior Art

Generative AI can flood patent systems with speculative prior art, prompting potential revisions in examination standards.

The USPTO Proposes Steep RCE Fees. Will Patent Prosecution and Appeal Strategies Change?

USPTO proposed substantial patent fee increases for continuing applications and RCEs, affecting patent prosecution strategies.
#artificial-intelligence

USPTO says existing rules apply to AI-crafted submissions

Guidance issued by USPTO for professionals using AI in patent and trademark fields.
Existing rules and regulations apply to AI usage in document drafting, disclosure duties, and filings with USPTO.

AI-Assisted Inventions: Is There a Duty to Disclose the Use of AI?

Inventors must disclose AI use in patent applications
USPTO requires natural person's significant contribution to patent claims

USPTO says existing rules apply to AI-crafted submissions

Guidance issued by USPTO for professionals using AI in patent and trademark fields.
Existing rules and regulations apply to AI usage in document drafting, disclosure duties, and filings with USPTO.

AI-Assisted Inventions: Is There a Duty to Disclose the Use of AI?

Inventors must disclose AI use in patent applications
USPTO requires natural person's significant contribution to patent claims
moreartificial-intelligence

USPTO Issues Additional Guidance on Use of AI Tools in Connection with USPTO Matters

USPTO issued guidance on AI use in submissions to PTAB and TTAB.
USPTO emphasizes duty of candor and good faith in AI use.
#ai-assisted-inventions

US says AI models can't hold patents

The United States Patent and Trademark Office (USPTO) has clarified that only human beings can be named as inventors, even for AI-assisted inventions.
While AI systems can play a role in the creative process, significant human contributions to the conception of an invention are required to be considered an inventor.
Using AI assistance to create an invention does not disqualify a human from holding a patent, as long as the human made significant contributions to the invention.

Joint Inventorship: AI-Human Style

The USPTO believes AI-developed inventions are patentable as long as a human significantly contributes to the invention.
The USPTO's approach allows for both human and machine intelligence to intersect in the creative process.

USPTO Issues Guidance on Patentability of Inventions Developed with the Assistance of Artificial Intelligence

The USPTO issued guidance stating that a human must have made a significant contribution to inventions developed with AI assistance.
The use of AI systems does not preclude a natural person from being named as the inventor if they significantly contributed to the invention.

US says AI models can't hold patents

The United States Patent and Trademark Office (USPTO) has clarified that only human beings can be named as inventors, even for AI-assisted inventions.
While AI systems can play a role in the creative process, significant human contributions to the conception of an invention are required to be considered an inventor.
Using AI assistance to create an invention does not disqualify a human from holding a patent, as long as the human made significant contributions to the invention.

Joint Inventorship: AI-Human Style

The USPTO believes AI-developed inventions are patentable as long as a human significantly contributes to the invention.
The USPTO's approach allows for both human and machine intelligence to intersect in the creative process.

USPTO Issues Guidance on Patentability of Inventions Developed with the Assistance of Artificial Intelligence

The USPTO issued guidance stating that a human must have made a significant contribution to inventions developed with AI assistance.
The use of AI systems does not preclude a natural person from being named as the inventor if they significantly contributed to the invention.
moreai-assisted-inventions

USPTO AI Guidance Reiterates DABUS Decision

AI-assisted inventions are not categorically unpatentable, but inventorship analysis should focus on human contributions.
A single person using an AI system to create an invention must make a significant contribution to be considered a proper inventor.

Vidal Clarifies Application of Existing USPTO Professional Conduct Rules to AI

The USPTO has released a guidance memorandum on the misuse of AI tools before the Boards, clarifying the application of existing rules to AI submissions.
The guidance document highlights the need to confirm the accuracy of AI tools and warns against simply assuming their accuracy.
Potential sanctions for failure to confirm the accuracy of AI submissions include striking offending papers, affecting their weight, terminating proceedings, disciplinary action, and even criminal liability.
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