Organisation: USPTO

Experts predict more litigation against USPTO rules. But will it succeed?

After the US Supreme Court overturned the Chevron doctrine on 28 June there are differing opinions on how USPTO rule-making packages will be impacted

01 July 2024

A closer look at the latest PTAB estoppel developments

Featured in The Guide to Life Sciences: Key issues for senior life sciences executives 2024

As courts continue to shape and refine the metes and bounds of PTAB estoppel on subsequent invalidity challenges before the district courts and the USPTO, patent challengers should carefully consider their strategies for invalidating biotechnology and pharmaceutical patents.

24 June 2024

A deep dive into patent law and exclusivity in the United States

Featured in The Guide to Life Sciences: Key issues for senior life sciences executives 2024

Life science legislation is nuanced and must be carefully navigated to when creating an effective patent portfolio. Having a keen understanding of regulatory provisions is key to navigating the many minefields inherent in the commercialisation of a successful product.

24 June 2024

US trade agency backs USPTO rule expanding IPR settlement disclosures

The Federal Trade Commission has welcomed a rule from the patent office that would require companies to disclose settlement agreements earlier in the patent challenge process

20 June 2024

Kathi Vidal talks patent value on stage at IPBC Global

“When I think of patent value, it's really the ability of a patent to attract investment and to be used to bring innovation to impact,” states the USPTO director

12 June 2024

US appeals court to weigh scope of prior art in PTAB cases

Lynk Labs Inc v Samsung Electronics Co questions the interpretation of patent applications as prior art printed publications, and the prior art date to be the application filing date

11 June 2024

Three alternatives to the USPTO’s terminal disclaimer proposal

The agency’s proposal harshly penalises patent holders, but these potential modifications could limit its one-sided impact while still addressing the USPTO’s stated concerns

11 June 2024

Federal Circuit shuts the door on recovering IPR attorney fees

Dragon Intellectual Property v DISH Network is the latest in a series of precedential rulings since 2020 rejecting requests by litigants to recoup IPR attorney fees

24 May 2024

USPTO patent examiner impartiality in public eye

A Reddit post on a patent examiner forum stirs discussion about the fairness and impartiality of USPTO employees whose personal beliefs must remain separate from the patent examination process

22 May 2024

USPTO official discusses motives behind AI-assisted inventorship guidelines

Christian “Chris” Hannon of the USPTO Office of Policy and International Affairs discussed the policy document at the AIPLA Spring Meeting in Austin

21 May 2024