Tag Archive for USPTO

It’s The End Of The Podcast Patent And We Know It

In eagerly awaited news, the Federal Circuit affirmed the Patent Trial and Appeals Board (PTAB) determination that Personal Audio’s U.S. Pat. No. 8,112,504 is invalid based on an inter partes review petition from the Electronic Frontier Foundation (EFF). That’s right.  The podcast patent is dead.  And I feel fine. Stand(ing) Setting aside the merits of…

The PTO’s § 101 Summary Report

One of the most important developments over the past few years is the Supreme Court’s decision in Alice v. CLS Bank – a decision that articulated a distinction between patent-eligible inventions, and patent-ineligible abstract ideas.  The Alice decision has enabled many companies, including small businesses, to defend themselves from baseless patent infringement lawsuits based on…

Comments to the USPTO on AIA Trial Procedures

On July 6, the Computer and Communications Industry Association submitted comments on America Invents Act (AIA) trial procedures in response to the PTO’s ongoing request for such feedback, most recently at the PTAB Judicial Conference in June. Our comments, briefly summarized, are that: The inter partes review (IPR) procedure has been successful in providing an…

IPR Statistics – Success Is Sector Specific

Yesterday, I published an extensive analysis of Senator Coons’ STRONGER Patents Act.  As I said then, the bill would neuter the IPR process, removing any real reason to ever pursue one (assuming you could even file one after the changes to the estoppel, real party in interest, and standing provisions.) One of the reasons I’ve…

SCOTUS Taking Case On Partial Institution Of IPRs

One of the biggest changes coming out of the 2011 America Invents Act (AIA) was the creation of the inter partes review (IPR) procedure, which allows people to challenge the validity of patents after they’ve issued.  Today, the Supreme Court granted certiorari to determine whether an IPR can be “instituted” on only some of the…

Why It’s a Good Thing If Michelle Lee Stays at USPTO

Well, this would be a nice surprise: it seems that Michelle Lee may be staying on as Director of the US Patent & Trademark Office. Director Lee has done a great job for businesses and innovators over the last few years. Perhaps her most important contribution has been her recognition that the USPTO issued a…

Update: PTO Releases Case Study Topics

Following up on this post, the USPTO has released its case study topics: 1) Evaluation of the deviation of 35 U.S.C. §101 rejections from official guidance, correctness of rejections and completeness of the analysis. This study will evaluate whether examiners are properly making subject matter eligibility rejections under 35 U.S.C. §101 and clearly communicating their…