News & Analysis as of July 12, 2025

Design Patent

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The Leahy-Smith America Invents Act is a United States federal statute enacted in 2011 aimed at simplifying the U.S. patent system and allowing inventions to be brough to market sooner. The AIA makes significant changes to the patent system, including changing from a first-to-invent scheme to a first-to-file scheme, eliminating interference proceedings and developing post-grant opposition. less -

USPTO Discontinues Accelerated Examination for Utility Patent Applications, but Track 1 Remains a Good Option

McCarter & English, LLP on 6/19/2025

The USPTO recently announced that the Accelerated Examination program will be discontinued as of July 10, 2025. Given that the program has had limited use over the past decade, with fewer than 100 Accelerated Examination...more

What’s in a Name? Why Reexamination Is Not a Re-Examination

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 4/17/2024

Long before the America Invents Act (AIA) created the Patent Trial and Appeal Board (PTAB) patent revocation proceedings, the patentability of one or more claims of any patent could be reviewed via Ex Parte Reexamination...more

Latest Federal Court Cases - July 2023

Schwabe, Williamson & Wyatt PC on 7/6/2023

Medytox, Inc. v. Galderma S.A., Appeal No. 2022-1165 (Fed. Cir. June 27, 2023) In this week’s Case of the Week, the Federal Circuit upheld an application by the Patent Trial and Appeal Board of its Pilot Program...more

PTAB Strategies and Insights - August 2021

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 9/1/2021

The PTAB Strategies and Insights newsletter provides timely updates and insights into how best to handle proceedings at the USPTO. It is designed to increase return on investment for all stakeholders looking at the entire...more

PTAB Flushes Airplane Lavatory Patent On On-Sale Bar

Jones Day on 11/13/2018

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

Global Patent Prosecution Newsletter - September 2018: Third Party Submissions in the U.S.: What You Need to Know

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 9/14/2018

The America Invents Act provides an expanded process for a third party to submit prior art to the examiner concerning any U.S. patent application. The new process is aimed to encourage the public to submit relevant art as a...more

The PTAB Chats Designs: And Now, for Something Completely Different

Jones Day on 2/7/2018

On February 1, the PTAB held its first “Boardside Chat” of 2018, which featured three judges discussing appeals and AIA trial proceedings for design patents. Not only are such proceedings less common for design patents than...more

Intellectual Property Bulletin - Spring 2016

Fenwick & West LLP on 5/19/2016

Supreme Court to Weigh In on Damages for Design Patent Infringement - Recent decisions from the U.S. Court of Appeals for the Federal Circuit regarding damages available in design patent cases highlight the court’s...more

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