Tag: USPTO
Further Evidence That Examiners Can Be Incentivized To Improve Patent Quality
Patent Progress has previously covered the research of Profs. Wasserman and Frakes regarding structural incentives at the USPTO that affect examiner behavior. A new paper in the AIPLA Quarterly Jour...
USPTO Strategic Plan Focuses On Patent Owners, Ignores Public
Last week, the U.S. Patent and Trademark Office (USPTO) posted a draft of its 2018-2022 Strategic Plan. While many of the goals set out in the plan are important—for example, improving the ability...
SUCCESS Act Is A Good Start—But Could Be Improved
Last week, Rep. Comstock (R-VA), along with 7 other cosponsors, introduced H.R. 6390, the “Study of Underrepresented Classes Chasing Engineering and Science Success Act of 2018” (SUCCESS) Act. T...
CAFC Determines No Requirement To Reopen Non-Instituted Claims Post-SAS
While the Supreme Court continues to consider WesternGeco, that’s not the only oil services patent case to read up on.[1. In fact, it’s been a heavy oil term at the Court—Oil States was also abo...
Chabot, Johnson Introduce House Fee-Setting Reauthorization Bill
Back in March, Senator Coons and Senator Hatch introduced a bill to renew the USPTO’s authorization to set its own fees, the “BIG Data for IP” Act (S. 2601). This week, Reps. Chabot (OH) and J...
A Little More Than Forty Percent: Outcomes At The PTAB, District Court, and the EPO
In the run-up to Oil States, a frequent criticism by opponents of patent reform was that the PTAB was “unfair” and that it invalidated patents at a rate far higher than the district courts would i...
Iancu’s First Hearing Answers Questions, Leaves More Open
On Wednesday, April 18, new USPTO Director Andrei Iancu appeared for his first oversight hearing in front of the Senate Judiciary Committee. The Director was more open with the Committee compared to...
The Patent Examination Process Shouldn’t Be An Oversight
Director Iancu will be appearing for his first oversight hearing tomorrow, Wednesday, April 18. This follows on his recent speech at the Chamber of Commerce, at which he emphasized two areas of focu...
What’s In A Name? At The Patent Office, Possibly More Than You Think
In an ideal world, patent examiners are perfect neutral arbiters. They find the best prior art and always make the right decision as to whether an idea is new and entitled to a patent. In ...