On March 26, 2025, the Acting Under Secretary of Commerce for Intellectual Property and Acting Director of the United States Patent and Trademark Office issued a Memorandum to all Patent Trial and Appeal Board Judges (“PTAB Judges”). According to the Memorandum, decisions on whether to institute an Inter Partes Review (“IPR”) or Post-Grant Review (“PGR”) […]
On February 28, 2025, The United States Patent and Trademark Office indicated that a previous Memorandum addressing discretionary denial procedures is now rescinded. The Memorandum was titled “Interim Procedure for Discretionary Denials in America Invents Act Post-Grant Proceedings with Parallel District Court Litigation,” and was dated June 21, 2022. Parties to post-grant proceedings may now […]
According to United States Patent and Trademark Office’s website, a term of a patent has been changed by Congress a number of times since 1790: Initially, under the 1790 Patent Act the term could not exceed 14 years. In 1836, Congress passed the Patent Act (5. Stat 117, 119, 5) which amended the statute to […]
The Solicitor General, on behalf of the United States, petitioned the Supreme Court of the United States for a writ of certiorari to review the judgments of the United States Court of Appeals for the Federal Circuit in the following two cases: Arthrex, Inc. v. Smith & Nephew, Inc. and Polaris Innovations Limited v. Kingston […]
A patent application must be filed in accordance with the United States patent laws. One of the most critical requirements of our patent laws is that a patent application must be filed promptly. As of March 16, 2013, patents will be awarded to the first inventor to file a patent application for a particular invention. […]
Subject to limited exceptions, the U.S. Patent and Trademark Office is enacting a new rule that mandates electronic filing for trademark submissions. In particular, trademark applicants and registrants will be required to: File their trademark applications and documents concerning trademark applications and registrations online using the U.S. Patent and Trademark Office’s Trademark Electronic Application System; […]