Published Patent Applications Are Prior Art as of the Filing Date, Not the Publication Date - Lynk Labs raises a simple question of statutory interpretation with surprisingly important ramifications: in inter partes review,...more
The advice to practitioners faced with marginally relevant prior art has long been "when in doubt, cite it." There was a small cost for the applicant (or practitioner) to cite such art by filing an information disclosure...more
As discussed at length in a previous post on this blog (see "USPTO Proposed Rule Change to Terminal Disclaimer Practice"), the U.S. Patent and Trademark Office has proposed amending the form of terminal disclaimer to be used...more
Since President Biden issued his Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence, the U.S. Patent and Trademark Office has been investigating the potential pitfalls of...more
4/16/2024
/ Artificial Intelligence ,
Compliance ,
Confidential Information ,
Disclosure Requirements ,
Electronic System for Trademark Trials and Appeals (ESTTA) ,
Executive Orders ,
Export Administration Regulations (EAR) ,
Export Controls ,
Filing Requirements ,
ITAR ,
New Guidance ,
Patent Applications ,
Patents ,
Trademarks ,
USPTO
A patent applicant dissatisfied with a decision by the USPTO’s Patent Trial and Appeal Board (“PTAB”) has two options for review of that decision. Most commonly—by far—the applicant can appeal the decision to the U.S. Court...more
On the first day of the 2019-20 term, the Supreme Court heard oral argument in Peter v. NantKwest, Inc., a case raising the question of whether a patent applicant should be responsible to pay all of the PTO's attorneys' fees...more
Parties often push experts to testify outside their area of expertise and leave it up to the expert to push back when uncomfortable. If the expert fails to do so, a party's aggressiveness may come back to haunt it before the...more
In reversing an appellate court decision that had caused concerns throughout the patent world, the Texas Supreme Court recognized that communications between patent agents and clients could be covered by the attorney-client...more
Patent applicants dissatisfied with final outcome of patent prosecution proceedings have long had two options for court review of a Patent and Trademark Appeal Board decision: an appeal to the Federal Circuit under 35 U.S.C....more