#uspto-art-unit-assignment

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#patent-law
fromPatently-O
1 day ago
Intellectual property law

The Dark Matter of Patent Law: Nearly 25% of Office Actions Now Cite Secret Prior Art

Intellectual property law
fromPatently-O
5 days ago

How the Federal Circuit Is Rebuilding Inventorship Law After the AIA

The Federal Circuit ruled patents invalid due to uncorrectable inventorship errors, highlighting gaps in the current legal framework post-America Invents Act.
Intellectual property law
fromPatently-O
1 day ago

The Dark Matter of Patent Law: Nearly 25% of Office Actions Now Cite Secret Prior Art

Prior art can include unpublished applications, termed 'secret springing prior art', which complicates patent searches and affects rejection rates.
Intellectual property law
fromPatently-O
5 days ago

How the Federal Circuit Is Rebuilding Inventorship Law After the AIA

The Federal Circuit ruled patents invalid due to uncorrectable inventorship errors, highlighting gaps in the current legal framework post-America Invents Act.
Law
fromAbove the Law
17 hours ago

What The Legal Industry Can Learn About AI Hallucinations From Auditors - Above the Law

AI-generated legal documents can contain convincing errors, necessitating stronger governance and review processes in law firms.
#federal-circuit
Intellectual property law
fromPatently-O
1 day ago

Marked for Trouble: Settlement Licenses and the 287 Trap for NPEs

The Federal Circuit questioned appellant's counsel on patent-marking and sanctions in VDPP, LLC v. Volkswagen Group of America.
Intellectual property law
fromPatently-O
3 days ago

Moving Target: When Amended Claims Outrun Your Standing Declaration

Federal Circuit's standing requirements create challenges for patent challengers seeking appellate review after PTAB proceedings.
Intellectual property law
fromPatently-O
2 days ago

The Symmetry Problem: Printed Matter, Nexus, and the Federal Circuit's One-Way Ratchet

The Federal Circuit's tightening of the nexus requirement has significantly impacted the use of secondary considerations in patent nonobviousness analysis.
Intellectual property law
fromPatently-O
1 day ago

Marked for Trouble: Settlement Licenses and the 287 Trap for NPEs

The Federal Circuit questioned appellant's counsel on patent-marking and sanctions in VDPP, LLC v. Volkswagen Group of America.
Intellectual property law
fromPatently-O
3 days ago

Moving Target: When Amended Claims Outrun Your Standing Declaration

Federal Circuit's standing requirements create challenges for patent challengers seeking appellate review after PTAB proceedings.
Intellectual property law
fromPatently-O
2 days ago

The Symmetry Problem: Printed Matter, Nexus, and the Federal Circuit's One-Way Ratchet

The Federal Circuit's tightening of the nexus requirement has significantly impacted the use of secondary considerations in patent nonobviousness analysis.
#uspto
fromPatently-O
2 months ago
Intellectual property law

Large Entities Achieve Double the Patent Allowance Rate of Micro Entities

Large entities secure patents at far higher rates than small and micro entities, with allowance rates of 80%, 61%, and 40% respectively.
Arts
fromHyperallergic
1 month ago

Forget About Getting Your AI Art Copyrighted

The US Supreme Court declined to hear Stephen Thaler's appeal seeking copyright protection for AI-generated artwork, upholding the requirement that copyrightable works must demonstrate human authorship.
Intellectual property law
fromAlleywatch
3 days ago

Patlytics Raises $40M as AI Drives a Simultaneous Surge in Patent Filings and IP Litigation

AI is transforming patent law with specialized tools like Patlytics, which streamline the patent lifecycle and significantly reduce project time and costs.
#ptab
fromPatently-O
2 months ago
Intellectual property law

L'Office, C'est Moi: Director Squires and the Parchment Barriers of PTAB Institution Precedent

fromPatently-O
2 months ago
Intellectual property law

L'Office, C'est Moi: Director Squires and the Parchment Barriers of PTAB Institution Precedent

#patent-eligibility
fromPatently-O
1 month ago
Intellectual property law

Tie Goes to the Runner? Three Months of SMED Practice at the USPTO

Patent Director John Squires implemented a policy favoring applicants in close Section 101 eligibility calls through Subject Matter Eligibility Declarations, shifting examination standards toward applicant-friendly interpretations.
Intellectual property law
fromPatently-O
3 weeks ago

Patent Law Year in Review: USC IP Institute 2026

The USC Intellectual Property Institute held its annual IP Year in Review session covering major patent law developments, featuring panels on trademarks, publicity rights, and copyright.
#ai-in-patent-prosecution
fromPatently-O
3 weeks ago

The Patent Term Distribution, and What it Reveals

Congress set the patent term at twenty years from the earliest effective filing date. 35 U.S.C. § 154(a)(2) (not counting provisional or foreign national filing). But that statutory baseline is just the starting point. But, the actual term is shaped by a series of prosecution decisions, USPTO delays, terminal disclaimers, and patent family structure.
Intellectual property law
Intellectual property law
fromPatently-O
3 weeks ago

Are Rising Maintenance Fees Shortening the Effective Patent Term?

Approximately 60% of U.S. patentees abandon their patents before expiration by not paying maintenance fees, with full-term maintenance rates declining to roughly 40%.
Intellectual property law
fromIPWatchdog.com | Patents & Intellectual Property Law
4 weeks ago

Other Barks & Bites for Friday, March 13: Former USPTO Patent Examiner Settles Conflict Allegations; EU Parliament Endorses EUIPO Register of Works Used to Train AI; U.S.-Based Operations Become Discretionary Denial Factor at PTAB

The U.S. Department of Justice settled a conflict of interest case with a former USPTO patent examiner for $122,480, marking the second such settlement in two weeks.
Intellectual property law
frompatentlyo.com
1 month ago

Untethered: USPTO Loosens the Article of Manufacture Requirement for Digital Designs

The USPTO relaxed design patent rules for computer-generated interfaces and icons, removing display panel requirements, allowing 'for' prepositions in claims, and extending eligibility to projected, holographic, virtual, and augmented reality designs.
Intellectual property law
fromPatently-O
1 month ago

The Expanding Patent Document: Fewer Claims, More Words, and a Trend That Predates Alice

Patent specifications have nearly doubled in length over twenty years to over 13,000 words, but claim counts have declined since 2005, contradicting expectations that Alice Corp. v. CLS Bank would cause a structural break in 2014-2015.
Intellectual property law
fromPatently-O
1 month ago

Twenty and Done: The Fee-Driven Collapse of Claim Count Diversity

Patent fee structures have created a hard threshold at 20 claims, causing 28% of 2025 utility patents to issue with exactly 20 claims compared to 6% in 2005.
#uspto-allowance-rates
Intellectual property law
fromPatently-O
1 month ago

The Third Way: Examiner Action Dates and the Allowance Rate Curve

Examining USPTO allowance rates by anchoring outcomes to examiner mail dates provides the most direct measure of examination policy by capturing the moment examiners make final decisions.
Intellectual property law
fromPatently-O
1 month ago

The Third Way: Examiner Action Dates and the Allowance Rate Curve

Examining USPTO allowance rates by anchoring outcomes to examiner mail dates provides the most direct measure of examination policy by capturing the moment examiners make final decisions.
Intellectual property law
fromPatently-O
1 month ago

Guest Post: Design Patents at the ITC

The ITC applied a lower visual similarity standard than the Federal Circuit requires in finding design patent infringement, potentially allowing judges to disregard claimed design elements as minor or trivial.
#patent-reform
Intellectual property law
fromPatently-O
1 month ago

Extolling the Virtues: 'Space-Efficient' Preamble Fails to Limit

The Federal Circuit reversed an indefiniteness ruling while affirming dismissal of breach-of-contract claims in NimbeLink Corp. v. Digi International Inc., with the patent issue centering on whether claim preambles impose substantive limitations.
fromIPWatchdog.com | Patents & Intellectual Property Law
1 month ago

Opinion: The ITC Has Lost Sight of the Public Interest

The U.S. International Trade Commission (ITC)-an agency with the extraordinary power to block imports and, in turn, influence the direction of American technology policy-has drifted out of that balance. To align with the Trump Administration's intellectual property priorities and pro-investment agenda, the ITC is in urgent need of reform.
Intellectual property law
Intellectual property law
fromPatently-O
1 month ago

The Real-Time View: USPTO Allowance Rate "Dips" to 75%

The disposal allowance rate, measuring patents issued among applications resolved in a given month, provides a real-time indicator of USPTO examination practices, complementing the backward-looking filing-date cohort approach.
Intellectual property law
fromPatently-O
1 month ago

Patent Examiner Pays $500K for Financial Conflicts - But the Real Story may be Systemic

A USPTO patent examiner settled allegations of examining patent applications from companies where she held substantial undisclosed stock positions, paying $500,000 in penalties for ethics violations.
Intellectual property law
fromPatently-O
2 months ago

An Old Trick in the Patent Book: Targeted Drafting from 1876 to 2026

Patent applicants strategically draft filings to steer USPTO art‑unit assignment and increase claim allowance odds, a practice known as targeted drafting.
fromAbove the Law
2 months ago

From Cost Center To Value Engine: Patent Management In The AI Era - Above the Law

In a recent Tradespace and Above the Law survey, two-thirds of companies that draft patents in-house described IP as a value driver, while 71 percent of companies that outsource drafting viewed IP as a cost. When drafting and prosecution move inside, IP teams work closer to engineers and product leaders. This proximity improves invention quality, strengthens claim strategy, and aligns patent decisions with product direction, market timing, and business priorities.
Intellectual property law
fromIPWatchdog.com | Patents & Intellectual Property Law
2 years ago

Since 2020, Patent Errors Have Decreased by 11.24%

In an ideal world, issued patents would not contain errors. In reality, patent drafting is tedious and time-consuming work and perfection is not an attainable goal. The patent industry seems to be steadily getting better, though. In a recent study, we uncovered an 11.24% decrease in errors per patent over the past four years. We observed this decrease by reviewing every patent issued by the U.S. Patent and Trademark Office (USPTO) since 2020 - nearly 1.4 million patents.
Intellectual property law
fromIPWatchdog.com | Patents & Intellectual Property Law
2 months ago

USPTO De-Designates Two PTAB Decisions on RPIs in Light of Corning Optical

The Office de-designated Proppant Express Invests., LLC v. Oren Techs., LLC, IPR2017-01917, Paper 86 (PTAB Feb. 13, 2019); and Adello Biologics LLC v. Amgen Inc., PGR2019-00001, Paper 11 (PTAB Feb. 14, 2019). According to a USPTO email sent Tuesday, both decisions conflict with the decision in Corning Optical Communications RF, LLC v. PPC Broadband Inc., IPR2014-00440, Paper 68 (PTAB Aug. 18, 2015) (precedential).
Intellectual property law
Intellectual property law
fromPatently-O
2 months ago

When Obviousness Rejections Pile On: Rethinking Multi-Reference Combinations

Combining numerous prior art references to reject a patent claim often reflects hindsight and risks improper obviousness findings; doctrinal tests already address this.
fromIntellectual Property Law Blog
2 months ago

PTAB Overly Relied on Statements of Doubt in Determining Conception and Reduction to Practice in Interference Proceedings

Regents of the University of California ("Regents") and Broad Institute were engaged in a patent interference proceeding involving the adaptation of CRISPR systems to edit eukaryotic DNA. Both parties were engaged in extensive testing related to editing eukaryotic DNA during the time of the invention, and both filed multiple patent applications that became the subjects of the patent interference proceedings.
Intellectual property law
fromElectronic Frontier Foundation
2 months ago

Copyright Should Not Enable Monopoly

There's a crisis of creativity in mainstream American culture. We have fewer and fewer studios and record labels fewer and fewer platforms online that serve independent artists and creators. At its core, copyright is a monopoly right on creative output and expression. It's intended to allow people who make things to make a living through those things, to incentivize creativity. To square the circle that is "exclusive control over expression" and "free speech," we have fair use.
Intellectual property law
Intellectual property law
fromPatently-O
2 months ago

The Unraveling of International Patent Comity?

U.S. courts used anti-suit injunctions to limit foreign patent-litigation strategies amid cross-border disputes between Onesta and BMW over GPU-related patents.
fromIPWatchdog.com | Patents & Intellectual Property Law
1 month ago

Harrity & Harrity is Seeking a Patent Attorney / Patent Agent - Electrical & Mechanical Innovations

Harrity & Harrity is looking for experienced patent attorneys and agents who want a smarter way to practice law. Our practice is built around streamlined workflows, custom AI and automation tools, and a data-driven approach that keeps the focus where it belongs: on quality, strategy, and client service-not busywork or billable-hour math. You'll work on high-value patent portfolios for top-tier technology companies while enjoying true flexibility, strong support, and meaningful autonomy.
Intellectual property law
fromIPWatchdog.com | Patents & Intellectual Property Law
1 month ago

Copyright Office Report: Copyright Claims Board a Success, But Statutory Changes Needed for Efficiency

The Copyright Claims Board estimated that 'as much as three-quarters of its time is spent on the initial review of claims and amended claims and writing noncompliance orders explaining claim deficiencies,' according to the report. The U.S. Copyright Office on Friday released its report pursuant to the Copyright Alternative in Small-Claims Enforcement (CASE) Act, finding that the Copyright Claims Board (CCB) is largely successful but that there is 'room for improvement in various respects.'
Intellectual property law
#ipr-institution-rates
fromIPWatchdog.com | Patents & Intellectual Property Law
2 months ago

Inside the PTAB Reset: Practical Fixes for a Reengineered PTAB | IPWatchdog Unleashed

Johnson and I discuss obviousness determinations built on excessive combinations of prior art, warning that such analyses blur the line between legitimate hindsight reconstruction and genuine innovation assessment. We also highlight a systemic blind spot: nuisance "ankle-biter" assertions that exploit litigation economics while largely evading PTAB scrutiny. These cases have driven much of the political backlash against patents while remaining functionally untouched by the post-grant review process.
Intellectual property law
Intellectual property law
fromPatently-O
2 months ago

A Dog's Breakfast: The Doctrinal Mess Surrounding "Configured To" Claim Language

"Configured to" and "configured for" mean "capable of" performing the recited function absent specification language suggesting a narrower construction.
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