An important set of factors the Patent Trial and Appeal Board considers when deciding whether to institute inter partes review concerns the filing of multiple petitions challenging the same patent. Part I of this two-part...more
The USPTO has issued updated guidance for examiners and administrative patent judges (APJs) relating to subject matter eligibility under 35 U.S.C. 101 and examining computer-implemented functional claim limitations under 35...more
1/11/2019
/ Abstract Ideas ,
Administrative Patent Judges ,
Alice Corporation ,
Claim Construction ,
Computer-Related Inventions ,
Guidance Update ,
Mayo v. Prometheus ,
Means-Plus-Function ,
Patent-Eligible Subject Matter ,
Patents ,
Section 101 ,
USPTO
In the U.S. Court of Appeals for the Federal Circuit’s recent en banc decision in Aqua Products, a deeply fractured court provides a glimpse into the perspectives that some of the judges have on post-grant practice at the...more
11/21/2017
/ Appeals ,
Burden of Persuasion ,
Burden of Production ,
Burden of Proof ,
Chevron Deference ,
Claim Amendments ,
Inter Partes Review (IPR) Proceeding ,
Motion to Amend ,
Patent Ownership ,
Patent Trial and Appeal Board ,
Patents ,
Post-Grant Review ,
Remand ,
USPTO
The United States Patent and Trademark Office has used a “broadest reasonable interpretation” (BRI) standard for claim interpretation when examining pending patent applications. Under the BRI standard, a claim term is...more
4/29/2016
/ Amended Regulation ,
America Invents Act ,
Broadest Reasonable Interpretation Standard ,
Claim Construction ,
Cuozzo Speed Technologies v Lee ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Phillips Standard ,
Post-Grant Review ,
Prior Art ,
USPTO