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USPTO publishes new 101 guidelines for comment

  • Oblon Spivak LLP
  • -
  • USA
  • -
  • December 16 2014

Today the USPTO will publish their new subject matter eligibility guidelines (35 U.S.C. 101). A copy from the advanced reading room is available

Amendment efforts at PTAB trend downward

  • Oblon Spivak LLP
  • -
  • USA
  • -
  • December 15 2014

Post-issuance amendment of patents has never been popular among patentees. This is because such amendments typically trigger an intervening rights

PTAB sanctions patentee for provocative filings

  • Oblon Spivak LLP
  • -
  • USA
  • -
  • December 9 2014

37 C.F.R. 42.12 provides that the Patent Trial & Appeal Board (PTAB) the power to sanction parties. The Board has been reluctant to officially

CAFC considers justiciability of PTAB appeal issues

  • Oblon Spivak LLP
  • -
  • USA
  • -
  • December 5 2014

In recent weeks, the CAFC has twice considered whether or not the trial orders of the USPTO's Patent Trial & Appeal Board (PTAB) become appealable

Republicans eye further patent reform for 2015

  • Oblon Spivak LLP
  • -
  • USA
  • -
  • December 3 2014

With the incoming Republican majority itching to make their mark, patent reform appears at the top of the legislative agenda for 2015. As discussed

CAFC emphasizes limitation on patent reissue claim scope

  • Oblon Spivak LLP
  • -
  • USA
  • -
  • November 26 2014

As provided by 35 U.S.C. 251, Patent Reissue is a mechanism by which a patent owner may correct an error in an issued patent. A proper reissue

New representative order on PTAB amendment practice

  • Oblon Spivak LLP
  • -
  • USA
  • -
  • November 24 2014

Since the passage of the America Invents Act (AIA) the Patent Trial & Appeal Board (PTAB) has successfully fulfilled its charge as a speedy, cost

CAFC again reverses denial of litigation stay pending CBM

  • Oblon Spivak LLP
  • -
  • USA
  • -
  • November 20 2014

CAFC Again Finds Abuse of Discretion in Denying Stay Pending PTAB Review Back in July, the CAFC considered an interlocutory appeal from a denial of a

Record AIA petitions filed with PTAB in October

  • Oblon Spivak LLP
  • -
  • USA
  • -
  • November 14 2014

Post-grant, patent challenge mechanisms of the America Invents Act (AIA) continue to surge in popularity. Inter Partes Review (IPR) and Covered

Impact of requests for rehearing on overall IPR pendency

  • Oblon Spivak LLP
  • -
  • USA
  • -
  • November 13 2014

As discussed previously, the PTAB is experiencing a filing rate of 150 AIA trial petitions per month (184 last month alone). This includes petitions