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Patent and Trademark Office indicated that a previous Memorandum addressing discretionary denial procedures is now rescinded.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; […]
On January 7, 2019, the United States Patent and Trademark Office (“USPTO”) published its 2019 Revised Patent Subject Matter Eligibility Guidance in the Federal Register at 84 Fed. Reg. 50. Ten months later in October 2019, the USPTO published an update using further explanation and examples primarily directed to examination procedures. The Updated Guidance is […]