PTO Updates

16 03, 2020

USPTO Announces Relief Available to Customers Affected by COVID-19

2020-03-16T16:37:58-04:00March 16th, 2020|

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 [...]

5 03, 2020

USPTO Clarifies Unintentional Delay Practice

2020-03-16T18:22:06-04:00March 5th, 2020|

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 [...]

31 01, 2020

Jones Robb Attorney Kurt Buechle Attends USPTO Biotechnology/Chemical/Pharmaceutical Customer Partnership Conference

2020-03-16T18:23:11-04:00January 31st, 2020|

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 [...]

2 05, 2019

Recap of USPTO’s Design Day 2019

2020-03-16T19:44:21-04:00May 2nd, 2019|

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 [...]

10 01, 2019

U.S. Patent and Trademark Office Releases Guidance on Application of 35 U.S.C. §112 to Computer-Implemented Inventions

2020-03-16T19:34:10-04:00January 10th, 2019|

(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 [...]

10 01, 2019

U.S. Patent and Trademark Office Releases Additional Guidance on Application of 35 U.S.C. §101 to Computer-Implemented Inventions

2020-03-16T19:54:03-04:00January 10th, 2019|

(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 [...]

30 04, 2018

USPTO Issues Guidance On AIA Trials After Supreme Court’s Decision in SAS

2020-03-16T19:09:01-04:00April 30th, 2018|

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 [...]

24 04, 2018

USPTO Issues “Significantly More” Section 101 Guidance

2020-03-16T19:09:15-04:00April 24th, 2018|

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 [...]

31 01, 2018

Patent Office Releases Revisions to Ninth Edition of the Manual of Patent Examining Procedure (MPEP)

2020-03-16T19:09:33-04:00January 31st, 2018|

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.