PTAB/USPTO Update - June 2024

 USPTO Notices, Guidance, and Requests

• Patent and Trademark Public Advisory Committees, 89 FR 44634 (May 21, 2024) (“seeking nominations for up to three members of its Patent Public Advisory Committee (PPAC) to advise the Director of the USPTO on patent policy, and for up to three members of its Trademark Public Advisory Committee (TPAC) to advise the Director on trademark policy” before July 5, 2024 to serve a 3 year term).

USPTO News  

• On May 1, 2024, the USPTO announced a new National Strategy for Inclusive Innovation “to grow the economy, create quality jobs, and address global challenges by increasing participation in STEM, inventorship, and innovation among youth and those from historically underrepresented and underresourced communities.” USPTO Director Kathi Vidal also discussed inclusive innovation in her remarks at the 2024 World IP Day Celebration on Capitol Hill.

• On May 22, 2024, the USPTO honored practitioners and law firms that volunteered significant time for the Patent Pro Bono program with Patent Pro Bono Achievement Certificates and also recognized practitioners who have contributed 50 or more hours of patent pro bono assistance for five consecutive years.

• May 31, 2024, the USPTO’s Director’s Blog published a post highlighting intellectual property and entrepreneurship resources for the military community.

Final Rules

• Adoption of Updated WIPO Standard ST.26; Revision to Incorporation by Reference, 89 FR 36677 (May 3, 2024) (“[A]dopting version 1.7 of World Intellectual Property Organization (WIPO) Standard ST.26, which was approved December 8, 2023, for incorporation by reference into the USPTO's regulations addressing application disclosures containing nucleotide and/or amino acid sequences.”)

Interim Rules

• There are no new interim rules.

Proposed Rules

• Terminal Disclaimer Practice To Obviate Nonstatutory Double Patenting, 89 FR 40439 (May 10, 2024) (providing notice of proposed rule to “require terminal disclaimers filed to obviate nonstatutory double patenting to include an agreement by the disclaimant that the patent in which the terminal disclaimer is filed, or any patent granted on an application in which a terminal disclaimer is filed, will be enforceable only if the patent is not tied and has never been tied directly or indirectly to a patent by one or more terminal disclaimers filed to obviate nonstatutory double patenting in which: any claim has been finally held unpatentable or invalid as anticipated or obvious by a Federal court in a civil action or by the USPTO, and all appeal rights have been exhausted; or a statutory disclaimer of a claim is filed after any challenge based on anticipation or obviousness to that claim has been made.” Comments are due on July 9, 2024.)

Proposed Legislation

• Representatives Lesko, Biggs, Steube, Harshbarger, LaMalfa, and Wilson of South Carolina and Representative Bishop of North Carolina introduced a bill to, among other things, prevent former employees of certain health agencies from owning or having a financial interest in certain patents.

PTAB Decisions

• New Precedential PTAB Decisions

  • There are no new precedential PTAB decisions.

• New Informative PTAB Decisions 

  • There are no new informative PTAB decisions.

• Director Review Decisions 

  • There are no new director review decisions.