#uspto-procedural-requirements

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#patent-law
fromPatently-O
5 days 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
1 week 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
3 hours ago

Mind the Gap: The Middle Layer of Obviousness Doctrine

The obviousness determination in patent law lacks a structured method for concluding whether an invention is obvious after evaluating the required factors.
Intellectual property law
fromPatently-O
5 days 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Prior art can include unpublished applications, termed 'secret springing prior art', which complicates patent searches and affects rejection rates.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
1 week 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.
Artificial intelligence
fromAbove the Law
1 hour ago

What Lawyers Need To Know About Anthropic's Mythos - Above the Law

Anthropic's new AI model, Claude Mythos, uncovers significant security vulnerabilities, raising concerns about its potential impact on cybersecurity.
Startup companies
fromAbove the Law
1 day ago

The Startup Bet Lawyers Keep Misunderstanding - Above the Law

Lawyers must embrace uncertainty in startups, viewing their careers as investments rather than relying solely on traditional risk-averse training.
fromIPWatchdog.com | Patents & Intellectual Property Law
1 day ago

IPWatchdog Announces Leadership Promotions to Support Continued Growth and Strategic Expansion

Renée's leadership extends well beyond operations. While I focus on external-facing initiatives such as content, programs, and strategic vision, she oversees the core business functions of the company, including finance and HR, and is instrumental in driving our growth.
Media industry
Social justice
fromTheregister
9 hours ago

IBM pays up under Trump administration's diversity blitz

IBM settled with the US government for $17 million over allegations of violating anti-discrimination requirements in its diversity programs.
US politics
fromwww.theguardian.com
2 days ago

The Guardian view on AI politics: US datacentre protests are a warning to big tech | Editorial

Voters across the political spectrum are uniting against big tech's influence, particularly regarding AI datacentres and their environmental impact.
Artificial intelligence
fromFortune
3 days ago

These niche AI startups are trying to protect the Pentagon's secrets | Fortune

AI companies face challenges in balancing technology use with government secrecy, highlighted by Anthropic's conflict with the Pentagon.
Artificial intelligence
fromAxios
4 days ago

What AI CEOs still don't get about Washington

Congress struggles with tech policy amid lobbying and constituent demands, while companies propose various AI governance strategies.
#ptab
#federal-circuit
Intellectual property law
fromPatently-O
6 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
5 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
6 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
5 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
Intellectual property law
fromNextgov.com
4 days ago

Tech bills of the week: Boosting export controls; AI-focused workforce development; and more

Bipartisan senators introduced the MATCH Act to strengthen semiconductor export controls and prevent adversaries from acquiring critical technology.
fromIPWatchdog.com | Patents & Intellectual Property Law
2 months ago

Lutnick Tells Coons He Will Not 'Harm Innovation' With Patent Tax Proposal

"That is not a thing the Patent Office is going to do, is try to say: 'This patent is worth X.' How in the world could we do that? How in the world could anyone reasonably do that?'" - Howard Lutnick During a Subcommittee hearing of the Senate Appropriations Committee today, Secretary of Commerce Howard Lutnick confirmed to Senator Chris Coons (D-DE) that he does not plan to implement his proposal to charge patent holders a percentage their patents' value.
US politics
Law
fromPatently-O
2 months ago

Federal Circuit Finds Its Spine: Rejecting "Hyper-Technical" Gatekeeping

Federal Circuit reversed exclusion of two experts, holding methodological flaws affected evidentiary weight not admissibility, while a dissent warned this weakens district gatekeeping.
#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
frompatentlyo.com
2 weeks ago

No Do-Overs: Federal Circuit Blocks Dismiss-and-Refile Tactic to Restart ITC Stay Deadline

A plaintiff can voluntarily dismiss a lawsuit before the defendant responds, but cannot use it to revive missed statutory deadlines.
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.
Intellectual property law
fromPatently-O
4 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
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
frompatentlyo.com
1 month ago

PTA Keeps Score: Patent Term Adjustment as a Measure of the USPTO Backlog

Patent Term Adjustment data reveals the USPTO's examination backlog has nearly returned to 2015 levels after years of improvement, with average PTA climbing from 120 days in 2021 to 296 days by December 2025.
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.
#patent-reform
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.
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
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.
Intellectual property law
fromPatently-O
1 month ago

Cleaning House: Director Squires Responds to Examiner Conflict-of-Interest Scandal

USPTO Director John Squires mandated that patent examiners must recuse themselves from examining applications where they hold any stock or bonds in the applicant company, following a $500,000 settlement with examiner Daxin Wu for undisclosed financial conflicts.
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.
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
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
Intellectual property law
fromPatently-O
2 months ago

The Thaw Begins?: What's Driving IPR Institutions Under Director Squires

IPR institution rates rose from about 15% to roughly 35–55% by late 2025, reflecting renewed, discretionary institution under Director John Squires.
Intellectual property law
fromPatently-O
2 months ago

Privity Without Duty: When Patent Inventors Are Bound but Not Represented

University-employed inventors often lose control and compensation decisions when universities and licensees litigate patents without including inventors.
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
fromPatently-O
2 months ago

The 'Narrow' Question That Appears in Half of PTAB Obviousness Decisions

The case centers on the "Martin" reference, a patent application covering LED technology that was filed on April 16, 2003 and published on October 21, 2004. Martin was later abandoned and never became a patent. Lynk Labs' '400 patent claims a priority date of February 25, 2004, placing it squarely in the gap between Martin's filing and publication dates. Samsung successfully used Martin to challenge claims of the '400 patent as obvious in IPR.
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
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