USPTO

May 11, 2023
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Federal Circuit Re-Opens Challenge to the Fintiv Rule

Since 2020, the USPTO has been denying requests for post-grant validity challenges based on the controversial Fintiv rule.
February 24, 2022
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Courts Must Consider Patent Examiner’s Interpretation of Claims

The US CAFC ruled that an examiner is a "person of ordinary skill in the art" and is owed an appropriate level of deference.
September 14, 2021
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Federal Circuit Denies Relief to USPTO From Prolific Inventor Gilbert Hyatt

Fed. Cir. Nos. 20-2321-2325: The Federal Circuit clarified that, while an applicant is required to pay all the expenses of PTAB proceedings, this does not include expert witness fees.
April 20, 2021
Canadian flag waving in front of the Parliament buildings in Ottawa.

Canadian Innovation Deserves Robust Roster of Canadian Patent Agents Registered Before the USPTO

This paper uses publicly available filing statistics and a professional survey in an attempt to gather empirical data on the work done by Canadian Patent Agents in the Canadian Intellectual Property Office (“CIPO”) versus the United States Patent and Trademark Office (“USPTO”).
April 3, 2020
An empty boardroom.

COVID-19: Time Extensions for Patents & Trademarks in North America

In this article, we explain how the intellectual property offices in Canada and the United States are responding to the COVID-19 pandemic.
October 28, 2019
Flax seeds (or linseeds)

Foreign Prosecution History is Now Admissible in “Extraordinary Circumstances”

2019 FC 1233 – In a dispute over flax seeds, Canada's Federal Court says foreign prosecution history may be admissible under the new s. 53.1 of the Patent Act.
August 16, 2019
A statue of Lady Justice.

US Supreme Court Lifts Ban on Profane Trademarks

SCOTUS, No. 18-302 (Iancu v Brunetti): In a recent decision, the US Supreme Court abolished the longstanding ban on registering vulgar and offensive words as trademarks.
June 11, 2019
Legal textbooks on a shelf

CAFC Refuses to Hear Appeal from Patent Decision

AVX Corporation v Presidio Components (Fed. Cir., 2018-1106) A case recently dismissed by the United States Court of Appeals for the Federal Circuit (“CAFC”) confirms that […]
May 7, 2019
Abstract three-dimensional design resembling building blocks

Federal Circuit Reins in Impossible Standards for Antedating Prior Art

Fed. Cir., 2016-2222 - CAFC affirms that a patent may be successfully defended if the patent holder can prove that the invention was conceived prior to any similar prior art.
April 30, 2019
GUI on a computer monitor showing a stock performance

Stock Trading GUI Falls Short of Patentability Requirements in US

Fed. Cir. 2017-2257 - CAFC Reaffirms: GUI That Merely Collects and Displays Data Is Not Patentable
April 18, 2019
Interview

No More “Phone Tag” at the USPTO

USPTO introduces Automated Interview Requests; a new web-based tool that allows Applicants to schedule an interview with an Examiner for their pending patent application.
April 3, 2019
Researcher holding a petri dish in gloved hands

Method of Medical Treatment Patents in Danger?

Hikma Pharmaceuticals v. Vanda Pharmaceuticals, SCOTUS Docket No. 18-817 - The beginning of the end for method of treatment patents?
November 6, 2015

USPTO Design Patent Fee 48% Increase

The USPTO is proposing a 48% increase in government fees to obtain a design patent.
August 20, 2015

USPTO Proposes AIA Rule Changes

USPTO Proposes AIA Rule Changes - Proposes to affirm the "broadest reasonable interpretation standard" in IPR proceedings and other changes.