On March 26, 2025, the U.S. Patent and Trademark Office released a memorandum introducing a new interim process for handling institution decisions in inter partes reviews (IPRs) and post-grant reviews (PGRs). The Office just...more
5/2/2025
/ Administrative Procedure ,
Administrative Procedure Act ,
Claim Construction ,
Filing Deadlines ,
Intellectual Property Litigation ,
Inter Partes Review (IPR) Proceeding ,
New Guidance ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patent Validity ,
Post-Grant Review ,
USPTO
The U.S. Supreme Court has once again been urged to revisit 35 U.S.C. § 101, the statute governing patent eligibility. Audio Evolution Diagnostics, Inc. (AED) filed a petition for writ of certiorari, challenging the Federal...more
2/6/2025
/ Alice/Mayo ,
Intellectual Property Protection ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
Petition for Writ of Certiorari ,
Rule 36 ,
SCOTUS ,
Section 101 ,
USPTO
In June of this year, the US Supreme Court ruled that a proposed mark consisting of the combination of a generic term and a generic top-level domain, like “.com,” is not per se generic. (USPTO v. Booking.com). In response,...more
The Supreme Court granted and consolidated three petitions for writs of certiorari to hear two questions regarding the constitutionality of Administrative Patent Judge (APJ) appointments under the Appointments Clause. These...more
The United States Patent and Trademark Office (USPTO) today announced a pilot program for fast-tracking appeals of applications for original utility, design, or plant patents. The so-called “Fast-Track Appeals Pilot Program”...more
The USPTO has authorized an initiative to prioritize examination of patent applications having COVID-19 uses that would require FDA approval.
A pilot program only for small and micro entities has been implemented effective...more
On June 11, 2020, USPTO Director Andrei Iancu authorized an initiative that may apply to an applicant who has filed an earlier foreign patent application or a U.S. provisional patent application and has missed the one-year...more
The United States Patent and Trademark Office (USPTO) today announced a new Prioritized Examination Pilot Program for qualified patent applications relating to COVID-19. This program is available without the usual...more
On March 31, 2020, the USPTO announced that it is permitting applicants, for delays that are based on the ongoing COVID-19 emergency in the United States, to request a 30-day extension of the time allowed to file certain...more
In a decision imparting more certainty to the Post Grant Review process, the Court of Appeals for the Federal Circuit (the “CAFC”) held that it lacks jurisdiction to review the Patent and Trademark Office’s (the “PTO’s”)...more
In Alice Corporation Pty. Ltd. v. CLS Bank International, el al., Case No. 13-298 (decided June 19, 2014) (“Alice Corp.”), the Supreme Court unanimously held that the subject patent claims are not patent-eligible under 35...more
6/30/2014
/ Alice Corporation ,
CLS Bank ,
CLS Bank v Alice Corp ,
Mayo v. Prometheus ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
Risk Mitigation ,
SCOTUS ,
Software ,
USPTO