Articles: 1-10 of 824

PTO Creates Separate Design Patent Bar

USA - December 7 2023 The US Patent & Trademark Office (PTO) published its final rule, creating a separate design patent bar where admitted design patent practitioners…

Word From on High: Provide Reasoned Explanation When Departing From Established Practice

USA - December 7 2023 In a decision on motion in an appeal from the Trademark Trial & Appeal Board, the US Court of Appeals for the Federal Circuit admonished the Board on…

Delay Is Okay: Final Written Decisions Can Be Issued After Statutory Deadline

USA - November 30 2023 In a matter of first impression, the US Court of Appeals for the Federal Circuit concluded that the Patent Trial & Appeal Board has the authority to…

PTO Provides Guidance for Computer-Related Design Patent Applications

USA - November 30 2023 The US Patent & Trademark Office (PTO) published a notice regarding supplemental guidance for PTO personnel examining design patent claims containing…

Wave Goodbye: Arguments Incorporated by Reference Are Waived

USA - November 30 2023 The US Court of Appeals for the Federal Circuit affirmed the Patent Trial & Appeal Board’s patentability determination, finding that the patent…

Distinguishing Drinkware—Provisional Priority Determined Differently in Pre- and Post-AIA Patents

USA - November 30 2023 In a precedential Final Written Decision, the Patent Trial & Appeal Board concluded that a patent does not need to contain a claim supported by a…

See Here: No Standing Based on Vague Future Plans or Adverse Priority Findings

USA - November 16 2023 The US Court of Appeals for the Federal Circuit dismissed an appeal from a Final Written Decision in an inter partes review (IPR) proceeding, finding…

Status Quo Has Few Defenders at PREVAIL Act Senate Subcommittee Hearing

USA - November 16 2023 On November 8, 2023, the US Senate Judiciary Subcommittee on Intellectual Property heard testimony from four witnesses on the proposed Promoting and…

All the Way Up to the Second Circuit, and Back

USA - November 16 2023 The US Court of Appeals for the Second Circuit vacated a grant of summary judgment made prior to discovery, holding that the district court abused…

Still Exceptional: Fee-Shift Appropriate in View of Noninfringement Stipulation

USA - November 16 2023 In a split decision, the US Court of Appeals for the Federal Circuit affirmed a district court’s award of more than $5 million in attorneys’ fees…