On Monday, March 16, 2020, the U.S. Patent and Trademark Office (USPTO) announced that, in certain circumstances, Petition to Revive fees will be waived “[f]or patent applicants or patent owners who were unable to timely reply to an Office communication due to the effects of the coronavirus outbreak.” The USPTO considers “the effects of the [...]
The U.S. Patent & Trademark Office (USPTO) announced that beginning Monday, March 16, 2020, all USPTO facilities will be closed to the public but remain open to employees and contractors. This closure does not impact due dates, which are not extended, as the USPTO continues its operations.
Author: Adam Cermak In a notice published on March 2, 2020 (“Notice”), the U.S. Patent and Trademark Office (“PTO”) introduced a two-year time period beyond which, when a party petitions to reclaim certain rights based on an “unintentional” delay in taking actions before the PTO, the PTO will require additional information concerning the petitioner’s [...]
Jones Robb Attorney Kurt Buechle Attends USPTO Biotechnology/Chemical/Pharmaceutical Customer Partnership Conference
On January 28, 2020, the United States Patent and Trademark Office’s Technical Center 1600 held its Biotechnology/Chemical/Pharmaceutical Customer Partnership Conference. The conference included presentations on restriction practice, IPR/litigation statistics relating to biologic and Orange Book patents, patent term adjustment, written description, and subject matter eligibility. Among the speakers was Kery Fries, Senior Legal Advisor in [...]
Thursday, April 25, 2019, was Design Day at the U.S. Patent and Trademark Office. The event was hosted at the USPTO’s Alexandria campus, while other regional offices of the USPTO provided opportunities for local examiners and practitioners to attend the meeting remotely. The relaxed tone and casual atmosphere of Design Day, combined with lively presenters [...]
U.S. Patent and Trademark Office Releases Guidance on Application of 35 U.S.C. §112 to Computer-Implemented Inventions
(Synopsis By Sachin Kandhari) The United States Patent and Trademark Office (USPTO) has released revised guidelines (hereafter, “guidelines”) for Examiners on applying 35 U.S.C. §112 to computer-implemented functional claim limitations during examination. In this article, we will summarize the guidelines and present key takeaways that will be useful to patent practitioners and clients. Generally, the [...]
U.S. Patent and Trademark Office Releases Additional Guidance on Application of 35 U.S.C. §101 to Computer-Implemented Inventions
(Synopsis by Kurt T. Buechle) On January 4, 2019, the U.S. Patent and Trademark Office announced new guidance for evaluating patent subject matter eligibility; this guidance published and became effective on January 7, 2019. Presently, Examiners apply the “Alice/Mayo test,” named after two Supreme Court decisions addressing subject matter eligibility, when evaluating whether or not [...]
On April 26, 2018, the U.S. Patent & Trademark Office (PTO) issued a memo providing guidance on the implications of the Supreme Court’s decision in SAS Institute Inc. v. Iancu, 2018 WL 1914661 (U.S. April 24, 2018). The memo addresses how the PTAB will make institution decisions in future petitions and pending petitions for which [...]
On April 19, 2018, the USPTO issued a Memorandum outlining a change in examination procedure regarding Subject Matter Eligibility under 35 U.S.C. § 101 based on the recently decided Federal Circuit case Berkheimer v. HP, Inc., 881 F.3d 1360 (Fed.Cir. 2018). The new examination procedure clarifies the standard under which Examiners can find additional elements [...]
Patent Office Releases Revisions to Ninth Edition of the Manual of Patent Examining Procedure (MPEP)
On January 25, 2018, the U.S. Patent and Trademark Office released Revision 8.2017 of the Ninth Edition of the MPEP. Chapters 200, 700-1000, 1200, 1400, 1500, 1800, 2000-2300, 2500, and 2700 of the MPEP include substantive revisions in the recent release. Find out more about the revisions here.