On October 18, 2024, the USPTO’s final rule regarding Motion to Amend (“MTA”) practice and procedures in trial proceedings under the America Invents Act became effective. The rule makes permanent several MTA pilot program...more
On October 21, 2019, the Patent Trial and Appeal Board (“PTAB”) of the United States Patent and Trademark Office (“USPTO”) provided a Notice of Proposed Rulemaking (“NPRM”) concerning their rules of practice in allocating...more
10/31/2019
/ America Invents Act ,
Burden of Persuasion ,
Comment Period ,
Inter Partes Review (IPR) Proceeding ,
Motion to Amend ,
Notice of Proposed Rulemaking (NOPR) ,
Post-Grant Review ,
Preponderance of the Evidence ,
Public Comment ,
Rules of Practice ,
USPTO
On October 23, 2018, the PTAB found unpatentable B/E Aerospace’s U.S. Design Patent No. D764,031 (“’031 patent”). C&D Zodiac, Inc. v. B/E Aerospace, Inc., PGR2017-00019, Paper 37 (PTAB Oct. 23, 2018). The ’031 patent...more
11/13/2018
/ America Invents Act ,
Design Patent ,
Final Written Decisions ,
On-Sale Bar ,
Patent Applications ,
Patent Trial and Appeal Board ,
Post-Grant Review ,
Priority Patent Claims ,
Section 102 ,
Section 112 ,
Utility Patents
On June 5, 2018, Chief Judge David Ruschke and Vice Chief Judge Tim Fink of the Patent Trial and Appeals Board (PTAB) participated in a webinar providing new guidance on three topics: (1) the new claim construction standard...more
6/11/2018
/ Administrative Proceedings ,
America Invents Act ,
Claim Construction ,
Inter Partes Review (IPR) Proceeding ,
Motion to Amend ,
Patent Ownership ,
Patent Trial and Appeal Board ,
Patents ,
SAS Institute Inc. v Iancu ,
SCOTUS ,
USPTO
On April 18, 2018, the Director of the USPTO Andrei Iancu informed the U.S. Senate Judiciary Committee that he aims to propose changes to America Invents Act reviews by this summer 2018. The Director told the Committee that...more
5/1/2018
/ America Invents Act ,
Claim Limitations ,
MPEP ,
New Guidance ,
Patent Applications ,
Patent Examinations ,
Patent Reform ,
Patent-Eligible Subject Matter ,
Patents ,
Section 101 ,
USPTO