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Month: April 2020

USPTO releases report on patent examination outcomes after the Supreme Court’s Alice decision

April 29, 2020adminNo Comments

The United States Patent and Trademark Office (USPTO) today published a report authored by its Chief Economist titled, Adjusting to Alice: USPTO patent examination outcomes after Alice Corp v. CLS Bank International. The report highlights how recent actions undertaken by the USPTO have brought greater predictability and certainty to the determination of patent eligibility in…

USPTO Decision: Inventorship limited to natural persons

April 29, 2020adminNo Comments

The USPTO has published a petition decision explaining that, under current law, only natural persons may be named as an inventor in a patent application. The decision is available on the Artificial Intelligence page and the Final Decisions by the Commissioner for Patents page of the USPTO website. The decision was published pursuant to 37 CFR 1.14(e).

USPTO extends certain patent and trademark deadlines to June 1

April 29, 2020adminNo Comments

In accordance with the temporary authority provided by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) signed by President Trump on March 27, the United States Patent and Trademark Office (USPTO) today further extended the time to file certain patent and trademark-related documents and to pay certain required fees, which otherwise would have…

Trademark rule requires foreign-domiciled applicants and registrants to have a U.S.-licensed attorney

April 19, 2020adminNo Comments

Does this rule affect me? Foreign-domiciled trademark applicants, registrants, and parties to Trademark Trial and Appeal Board proceedings, including Canadian trademark filers, must appoint and be represented before the United States Patent and Trademark Office (USPTO) by an attorney who is licensed to practice law in the United States. See more about foreign-domiciled trademark applicants, registrants, and parties….

USPTO Rule for In Person Interviews, Hearings and Meetings – Corona Virus

April 19, 2020adminNo Comments

USPTO issued the following notice: Until further notice, examiner and examining attorney interviews, PTAB and TTAB oral hearings, and other similar in-person meetings with parties and stakeholders scheduled to take place at USPTO offices on or after Friday, March 13, 2020 will be conducted remotely by video or telephone. Parties will receive further instructions on how…

Patent Trial and Appeal Board Decisions

April 19, 2020adminNo Comments

PTAB designates two decisions as precedential and one decision as informative Advanced Bionics, LLC v. MED-EL Elektromedizinische Geräte GmbH, IPR2019-01469 (PTAB Feb. 13, 2020) (Paper 6) (precedential) This decision denies institution of an inter partes review based on 35 U.S.C. § 325(d), explaining that the Board uses a two-part framework for exercising discretion under §…

Patent Trial and Appeal Board Decisions

April 19, 2020adminNo Comments

PTAB designates one decision as precedential and four decisions as informative Ex parte Grillo-López, Appeal No. 2018-006082 (Jan. 31, 2020) (precedential) This decision to deny a request for rehearing explains that the burden for establishing that a reference is a printed publication is different in examination than in an inter partes review proceeding. The holding…

Patent Trial and Appeal Board Decisions

April 19, 2020adminNo Comments

PTAB designates one decision as precedential and two decisions as informative Lectrosonics, Inc. v. Zaxcom, Inc., Case IPR2018-01129, Paper 33 (PTAB Jan. 24, 2020) (precedential) Considering Fox Factory, Inc. v. SRAM, LLC, 944 F.3d 1366, 1373 (Fed. Cir. 2019), this decision determines that the challenged claims are unpatentable because the Patent Owner did not establish…

Coronavirus update – USPTO Announcement Regarding Deadlines

April 19, 2020adminNo Comments

USPTO made the following announcement on March 31, 2020. WASHINGTON – The United States Patent and Trademark Office (USPTO) today announced extensions to the time allowed to file certain patent and trademark-related documents and to pay certain required fees. These actions are an exercise of temporary authority provided to the USPTO by the Coronavirus Aid,…

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