Tag Archive for USPTO

Dear Director Iancu

So, you’re Andrei Iancu, about to be the newly confirmed Director of the United States Patent and Trademark Office.  What are the first things you put on your agenda? I have some suggestions. Eliminate Contingent Amendments As an initial matter, the PTAB’s practice of allowing contingent amendments needs to end.  Essentially, this allows patent owners…

The Alice Drizzle—Barely Even Noticeable

At the end of the year, I took a look at whether Alice really had a significant impact on patents as a whole.  The answer was that Alice simply doesn’t affect that many patent applications.  But several important questions were left unanswered.  I also wanted to know whether the affected applications are really being affected…

Patent Links and Articles To Read By The Fire

With the weather as cold as it’s been in DC lately, I’ve been spending a lot of time reading by the fire.  And what better way to use that time than to read about patents!  For those of you, like me, for whom that sounds like fun—here’s a few things I’ve run across lately that…

The “Alice Storm” Is More Of A Drizzle

You might be familiar with Bob Sachs’ term “Alice Storm.” Sachs and his co-authors over at Bilski Blog argue that “Alice Corp. v. CLS Bank has had a dramatic impact on the allowability of computer implemented inventions.” I disagree, and some newly released data from the Patent Office seems to back me up.  Alice has…

A Big Day For The PTO—And A Good Day

On Monday, the Supreme Court heard arguments in two separate cases regarding inter partes review (IPR)—Oil States v. Greene’s Energy and SAS Institute v. Matal.  In both Oil States and SAS, the Court appears to be sympathetic to the Patent Office’s arguments—and that’s good for everyone. Oil States The Oil States case focuses on whether…

Misleading Stats Lead To Misleading Testimony In Front Of Congress

Yesterday afternoon, the House Judiciary Committee’s Subcommittee on Courts, Intellectual Property, and the Internet held a hearing on “Sovereign Immunity and the Intellectual Property System.”  A fascinating topic, and one I’ve written on right here in the past.  [1] [2] But I was struck by some testimony given by Philip Johnson, testimony he stood by…

IPR Successes: The Next Five Years

Over the past month, I’ve shown just how successful the inter partes review (IPR) program has been in its first five years.  IPR has saved billions of dollars and helped everyone from city governments to realtors to the targets of patent trolls funded by foreign countries.  Those stories are listed below: IPR Successes: Trolls and…

Inter Partes Review: Five Years, Over $2 Billion Saved

This Saturday, September 15, 2017, marks the five-year anniversary of the first filing of an inter partes review.  We’ve seen nearly 7,000 post-grant reviews filed since then, a Supreme Court case dealing with IPRs, and there are a pair of IPR Supreme Court cases up this term.  [Oil States] [SAS] Over the next few weeks,…

Andrei Iancu Nominated For PTO Director

On Friday, the Trump Administration nominated Andrei Iancu to be the next Director of the USPTO. Mr. Iancu has extensive experience in patent litigation.  This includes work on behalf of both patent owners, representing TiVo against a variety of companies, as well as defendants, including representing B/E Aerospace in litigation over aircraft toilet patents.  He…