News & Analysis as of

United States Patent and Trademark Office › Administrative Proceedings

The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.... more +
The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.    less -
Jones Day

Cancellation of Claims Deemed An Inappropriate Sanction

Jones Day on

USPTO Acting Director Stewart sua sponte reconsidered and modified a previous Director Review decision that had affirmed cancellation of all 183 challenged claims as a sanction against patent owner Longhorn Vaccines. ...more

Rothwell, Figg, Ernst & Manbeck, P.C.

July USPTO Guidance Sets Stricter Standards for Evidence in IPR Petitions

Rothwell, Figg, Ernst & Manbeck, P.C. on

Acting Director of the USPTO, Coke Morgan Stewart, issued a memorandum last week that will change the way petitioners levy challenges to patents via inter partes review (IPR). The change will apply to any petition for IPR...more

K&L Gates LLP

Return to In-Person Patent Trial and Appeal Board Hearings

K&L Gates LLP on

Effective 1 September 2025, all hearings before the Patent Trial and Appeal Board (PTAB) will be conducted in person. Parties involved must attend these hearings physically and in person unless they can demonstrate a valid...more

ArentFox Schiff

USPTO Ends Remote PTAB Hearings Effective September 1

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The US Patent and Trademark Office (USPTO) has announced that, effective September 1, all PTAB hearings will be conducted in person at USPTO offices, marking a departure from the virtual and hybrid formats adopted in recent...more

Fish & Richardson

PTAB Issues FAQs on Interim Process for Workload Management

Fish & Richardson on

Last week, the Patent Trial and Appeal Board (PTAB) issued a list of FAQs related to the new bifurcated process for discretionary denial established in the March 26 memorandum issued by Acting Director Stewart. The FAQs...more

Foley Hoag LLP

PTAB Changes Procedure for Determining Discretionary Denials

Foley Hoag LLP on

Key Takeaways: - The Director, in consultation with at least three APJs, will now decide the discretionary denial question, rather than having the merits panel decide the issue. - Discretionary denial will have separate...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Reexamination of Expired Patents

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

Takeaways - - Expired patents may be eligible for reexamination. - Owner’s options during reexamination of an expired patent are severely limited. Similar to reexamination practice, which has long allowed reexamination...more

Amundsen Davis LLC

Trademark Monitoring: What Girl Scout Cookies Can Teach Us About Intellectual Property

Amundsen Davis LLC on

It’s cold in southeastern Wisconsin, and that can mean only one thing—it’s nearly Girl Scout Cookie season and time to restock my favorites for the year. On learning that the cookie Toast-Yay!® will be retiring, I wondered...more

International Lawyers Network

Can Trademark Applications and Administrative Proceedings Subject a Foreign Applicant to Service or Jurisdiction in Court...

International Lawyers Network on

Suppose that you are a foreign applicant who either files a trademark application, opposition proceeding, or cancellation proceeding with the USPTO. Can this act of filing subject the foreign applicant to service of process...more

Stinson LLP

USPTO Provides Interim Guidance on PTAB Discretionary Denials Under Fintiv

Stinson LLP on

On June 22, 2022, the U.S. Patent and Trademark Office (USPTO) announced new interim guidance regarding discretionary denials of patent challenges at the Patent Trial and Appeal Board (PTAB) based on parallel litigation. The...more

Womble Bond Dickinson

Russian Sanctions Create Patent Risks

Womble Bond Dickinson on

While multi-national sanctions recently imposed on Russia were intended to punish Russia for its aggression in Ukraine, the effects of the sanctions have led to a need for tough decisions for U.S. entities with patent...more

Fish & Richardson

The Basics of TTAB Cancellations

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TTAB Cancellation Actions: Terminating an Infringing Trademark Registration - You learn that another person or entity has a registered trademark at the United States Patent and Trademark Office (the “USPTO”) that is...more

Jones Day

Fed. Cir. Rejects New IPR Constitutional Challenges

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In Mobility Workx, LLC v. Unified Patents, LLC, the Federal Circuit in a split decision concluded that Mobility Workx, LLC’s constitutional challenges to structure and funding of the Patent Trial and Appeal Board (“PTAB”) are...more

Knobbe Martens

Federal Circuit Holds That the PTAB Does Not Have an Impermissible Incentive to Institute IPRs

Knobbe Martens on

MOBILITY WORKX, LLC v. UNIFIED PATENTS, LLC Before Newman, Schall, and Dyk. Appeal from the Patent Trial and Appeal Board. Summary: Fee-funded structure of AIA review proceedings does not violate due process....more

Jones Day

Motion to Amend Pilot Program Extended

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The United States Patent and Trademark Office (USPTO) announced plans for the Patent Trial and Appeal Board (PTAB) to extend the Motion to Amend (MTA) pilot program. This program provides additional options for a patent owner...more

Jones Day

Most Arthrex Challengers Say “No Thanks” To Director Remand

Jones Day on

On June 21, 2021, the Supreme Court issued a decision in U.S. v. Arthrex, holding that PTAB APJs were unconstitutionally appointed because they exercised “principal officer” authority in their final written decisions,...more

Morgan Lewis

Post-Grant Review (PGR)

Morgan Lewis on

A PGR is a trial proceeding conducted by the Patent Trial and Appeal Board (PTAB) to determine the patentability of one or more claims of a patent that issued from an application filed after March 15, 2013. ...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2020 Decisions

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

[co-author: Kathleen Wills] Last year, the global COVID-19 pandemic created unprecedented challenges for American courts. By making several changes, however, the U.S. Court of Appeals for the Federal Circuit was able to...more

WilmerHale

5 Takeaways From Post-SAS Inter Partes Reviews

WilmerHale on

We surveyed inter partes review proceedings instituted in the year following the U.S. Supreme Court's 2018 decision in SAS Institute Inc. v. Iancu, and identified five takeaways regarding the Patent Trial and Appeal Board's...more

Akerman LLP

Navigating IPRs and other AIA Reviews as Power Shifts to the USPTO Director

Akerman LLP on

America Invents Act Reviews, or "AIA Reviews" are administrative proceedings which can be used to seek the invalidity of a U.S. Patent. After their creation in 2011, AIA reviews have become an important component of patent...more

Hogan Lovells

COVID-19 IP update: Intellectual Property Office developments (UPDATED)

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The Hogan Lovells IP & Media Technology team is tracking the changes being made by intellectual property offices around the world in response to the coronavirus so we can keep you informed on the key developments....more

Hogan Lovells

COVID-19 IP update: Intellectual Property Office developments (UPDATED)

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The Hogan Lovells IP & Media Technology team is tracking the changes being made by intellectual property offices around the world in response to the coronavirus so we can keep you informed on the key developments....more

Hogan Lovells

COVID-19 IP update: Intellectual Property Office developments (UPDATED)

Hogan Lovells on

EPO - The EPO has decided to postpone until further notice all oral proceedings in examination and opposition proceedings scheduled until until September 14, 2020 (previous date was June 02, 2020) unless they have already...more

Hogan Lovells

COVID-19 IP update: Intellectual Property Office developments (UPDATED)

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The Hogan Lovells IP & Media Technology team is tracking the changes being made by intellectual property offices around the world in response to the coronavirus so we can keep you informed on the key developments....more

Seyfarth Shaw LLP

Trademark Offices Worldwide Respond to COVID-19: A Survey of Extensions, Announcements, and Status Information (UPDATE)

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In recent weeks, trademark offices around the world have made announcements and adjustments to their practices in response to the global COVID-19 pandemic. ...more

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