News & Analysis as of

United States Patent and Trademark Office Coronavirus/COVID-19

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 -
Sheppard Mullin Richter & Hampton LLP

Lexicography: Clear And Unequivocal

This Federal Circuit opinion analyzes lexicography in the context of claim construction. Alnylam Pharmaceuticals owns U.S. Patent Nos. 11,246,933 (parent) and 11,382,979 (child). These patents relate to biodegradable...more

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

mRNA/LNP Patent Litigation Update (Q1 2025)

As we previously discussed, beginning in 2022, a series of patent infringement lawsuits were filed against Moderna and collaborators Pfizer+BioNTech seeking damages based on their respective sales of the Spikevax® and...more

Husch Blackwell LLP

BOLO: Cannabis Qui Tam Actions

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Due to federal illegality, the cannabis industry has long been plagued by federal agencies taking a variety of different enforcement approaches to cannabis businesses. From the U.S. Patent and Trademark Office to the National...more

Foley & Lardner LLP

USPTO Report On COVID-19 Diagnostic Patent Filings

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The U.S. Patent and Trademark Office (USPTO) released a report on innovations in COVID-19-related diagnostics as a case study of how innovation and intellectual property operate during times of crisis. The study utilized...more

Husch Blackwell LLP

Legal Insights for Manufacturing: Outlook for 2024

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Our downloadable report, Legal Insights for Manufacturing, explores how the business, legal, and regulatory framework is evolving—and will evolve—to address the large generational shifts taking place. This year, our report...more

McDermott Will & Emery

PTO Update: COVID-19 Prioritized Examination Extended, Non-DOCX Filing Fee Deferred and More

On December 22, 2022, the US Patent & Trademark Office (PTO) announced the fifth extension of the Modified COVID-19 Prioritized Examination Pilot Program. The pilot program had been set to terminate on December 31, 2022, and...more

Foley & Lardner LLP

UPSTO Extends Pilot Programs

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October marks the start of a new fiscal year for the USPTO. Last week the agency announced the extension of several pilot programs that will continue on into 2023 and beyond....more

McDonnell Boehnen Hulbert & Berghoff LLP

USPTO News Briefs - September 2022

USPTO Launches Webpage on PTE Applications and Patent Terms Extended under 35 U.S.C. § 156 - In a Patent Alert email distributed to stakeholders last week, the U.S. Patent and Trademark Office announced the launch of a...more

Procopio, Cory, Hargreaves & Savitch LLP

Expedited Examination Programs at the USPTO: What To Know to Secure Your Patent Promptly

From the moment a new invention or technology is realized, the race to patent the invention has begun. Anyone can apply for a patent to protect their inventions, discoveries and technologies at the U.S. Patent and Trademark...more

McDermott Will & Emery

PTO Re-Opens to Public

The US Patent & Trademark Office (PTO) re-opened to the public on May 25, 2022. Both the headquarters in Alexandria, Virginia, and the regional offices in Dallas, Texas; Denver, Colorado; Detroit, Michigan and San Jose,...more

Foley & Lardner LLP

USPTO Open for Some In-Person Business

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After being closed for more than two years due to the Covid-19 pandemic, the USPTO has opened all locations to employees and resumed some public in-person events. That said, PTAB hearings and TTAB hearings are still being...more

Foley & Lardner LLP

USPTO Proposes To Require Electronic PTE Applications

Foley & Lardner LLP on

The USPTO has issued proposed rules to make permanent a Covid-19-related change in the manner in which applications for patent term extension under 35 USC § 156 are to be filed. While the Covid-19-related changes permitted...more

Dorsey & Whitney LLP

USPTO Extends Its Pilot Program for Expedited Review of COVID-19-Associated Patent Applications

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The U.S. Patent and Trademark Office (USPTO) has extended its pilot program for expedited review of COVID-19-associated patent applications to 30 June 2022. This is the third extension of the COVID-19 Prioritized Examination...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Case - February 2022 #3

Alarm.com Inc. v. Hirshfeld, Appeal No. 2020-2102 (Fed. Cir. Feb. 24, 2022)- In an appeal from the U.S. District Court for the Eastern District of Virginia, the Federal Circuit addressed whether the ex parte reexamination...more

Brooks Pierce

Changes to Trademark Procedures at the USPTO

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In the waning days of 2020 and in the heights of the COVID-19 pandemic, Congress passed the Trademark Modernization Act. It directed the United States Patent and Trademark Office (USPTO) to change certain procedures in...more

Kilpatrick

3 KEY TAKEAWAYS: Making the Most of COVID Regulatory Changes

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Nicki Kennedy -- a Kilpatrick Townsend partner who is a registered patent attorney concentrating her practice on patent-related matters with a focus on client counseling, patent prosecution, domestic and international patent...more

Foley & Lardner LLP

Looming Government Shutdown Mitigation in the Times of COVID-19: Contractors should take steps now to prepare!

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Congress fortunately reached a last-minute deal for a continuing resolution yesterday, averting a government funding lapse, commonly known as a “shutdown” until December 3, 2021. That gives government contractors just over...more

Kilpatrick

Five Impactful USPTO Procedural Developments for Patent Practitioners

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As the world pivoted to navigate obstacles brought on by the COVID-19 pandemic, the USPTO not only adapted to address the challenges, but appeared to make the most of this period by improving existing procedures. Partner...more

Porter Hedges LLP

Anticipating President Biden’s Intellectual Property Policy in an Historical Context

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Presidential administrations have affected intellectual property (IP) policy since the very beginning of United States history. In his first State of the Union address in 1790, President George Washington addressed patents....more

ArentFox Schiff

Investigations Newsletter: Nursing Home Chain Agrees to Pay $11.2 Million to Resolve False Claims Act Allegations

ArentFox Schiff on

On May 21, 2021, SavaSeniorCare LLC and several of its affiliates, which own and operate skilled nursing facilities across the country, agreed to pay $11.2 million to resolve claims that the companies billed Medicare for...more

WilmerHale

PTAB/USPTO Update - May 2021

WilmerHale on

USPTO News - USPTO announced a new category for its Patents for Humanity Program for inventors of technology to track, prevent, diagnose, or treat COVID-19....more

McDonnell Boehnen Hulbert & Berghoff LLP

Population of Patents at Risk from Proposed WTO Patent Waiver

Dennis Crouch, our colleague at Patently-O, tweeted last week that there have Dennis Crouch, our colleague at Patently-O, tweeted last week that there have been 148 U.S. patents granted having disclosure related to (COVID-19...more

Foley & Lardner LLP

New USPTO COVID-19 Initiatives

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As much of the United States is taking steps towards “getting back to normal,” the USPTO continues to implement programs to encourage investment and innovation in technologies addressing the COVID-19 pandemic. Recently, the...more

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

The mRNA IP and Competitive Landscape: Translate BIO; Arcturus; eTheRNA and Other Startups; and LNP Technology (Part II)

In Part I of this three-part series, we focused on three mRNA technology market players: BioNTech, Moderna and CureVac. In this second post, we will focus on Translate BIO, Arcturus Therapeutics, and eTheRNA and discuss...more

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

USPTO Fast-Tracks Appeals For FDA Approved COVID-19 Patents

On April 15, 2021, the United States Patent and Trademark Office (“USPTO”) implemented the COVID-19 Prioritized Examination Pilot Program (“Pilot Program”) to fast-track ex parte appeals of products or processes subject to an...more

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