Over the past few years, the United States Patent and Trademark Office Patent Trial and Appeal Board (PTAB) has implemented the use of expanded panels in a number of cases, causing many to question the method of selection and objective of these panels. Critics have accused the USPTO of “panel... read more
The USPTO has created a new option for patent applicants who receive a rejection in a final Office Action – the Post-Prosecution Pilot (“P3”). Like the Pre-Appeal Brief Conference Pilot Program, in P3 the applicant files a short response (no more than five pages) to be considered by a panel of... read more
On July 9, 2016, the U.S. Patent Office will cease using the Patent Review Processing System (PRPS) for electronic filings in post-grant reviews, inter partes reviews, and covered business method patents reviews. A new system called the Patent Trial and Appeal Board End to End system (“PTAB E2E”)... read more
The USPTO has issued another memorandum dated May 19, 2016, regarding 35 U.S.C. § 101 subject matter eligibility for patents. The new memo discusses the recent Federal Circuit decisions Enfish, LLC v. Microsoft Corp. and TLI Communications LLC v. A.V. Automotive, LLC. This follows the USPTO’s... read more
Today the USPTO announced that the Patent Trial and Appeal Board (PTAB) designated five more post-grant proceeding decisions as precedential. This brings the total number to eight. The five new decisions are as follows (with descriptions provided by the USPTO):- Garmin Int’l v. Cuozzo Speed... read more
Today, during the USPTO Patent Public Advisory Committee Quarterly Meeting, the USPTO announced that a new Subject Matter Eligibility Update is being published in the Federal Register on May 6. A pre-publication version is available in the Federal Register Reading Room today. In the update,... read more