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PatentProsecution Highway or PPH is a set of initiatives promulgated by participating patent offices around the world to accelerate patentprosecution in countries of the participating patent offices. In contrast, an average time to prosecute non-PPH patent applications is approximately 22.7
This is the second article of the multi-part series discussing benefits of prosecutingpatents under PatentProsecution Highway or PPH. To recap, PPH is a set of initiatives promulgated by participating patent offices around the world to accelerate patentprosecution in countries of the participating patent offices.
The updated patent claim count data through 2024 reveals a continuing trend toward standardization in claim counts, with both the median and mean hovering around 16-17 claims per patent. Read more here: Central Tendency in US Patent Claim Counts Continue reading this post on Patently-O.
by Dennis Crouch Recent patentprosecution data reveals a striking trend: the percentage of utility patents containing "non-transitory" software claims continued to increase -- from virtually zero 15 years ago to nearly 22% in 2024. The story behind this trend begins with To continue reading, become a Patently-O member.
What does patentprosecution mean? Patentprosecution refers to the writing, filing and handling of patent applications. It encompasses the patent examination process from initial filing to the grant, including all the back-and-forth responses with the USPTO. Who can be patent prosecutors?
by Dennis Crouch In recent years, the United States Patent and Trademark Office (USPTO) has undergone a significant shift in its examiner composition, with real implications for patentprosecution strategies. Prior to 2015, over 35% of patents were examined by assistant examiners. Here’s why: 1.
“PatentProsecution” is a curious phrase for the non-initiated. The term refers to what happens after a patent application is filed with the U.S. Patent & Trademark Office (USPTO), particularly to the back-and-forth exchanges between the Patent Office and the applicant. By: Jason Nolan
This is the second article of the multi-part series discussing benefits of prosecutingpatents under PatentProsecution Highway or PPH. To recap, PPH is a set of initiatives promulgated by participating patent offices around the world to accelerate patentprosecution in countries of the participating patent offices.
In an ongoing effort to reduce the backlog of patent applications, Brazil has introduced new appellate stage guidelines that significantly impact how applicants should respond to office actions and file appeals.
In an effort to spice up my patent law life, I have become especially interested in patent analytics over the past few years—that’s right, I just used “patent analytics” and “spice up” in the same sentence. We owe it to our clients, and honestly, we should do it for ourselves, because it makes practicing more fulfilling.
a precedential decision issued on April 8, 2025, the Federal Circuit provides us with a great lesson on prosecution disclaimer and implications regarding the entanglement of future related applications due to the disclaimer. While a Miranda warning isnt given prior to starting substantive examination, perhaps it should be.
The United States Patent and Trademark Office (USPTO) has released its long-anticipated final rule on patent fee adjustments (“Final Rule”). The changes aim to generate sufficient revenue to recover the USPTO's operational costs, while promoting efficient patentprosecution practices. By: Dinsmore & Shohl LLP
a patentprosecution bar that would preclude certain attorneys representing plaintiff from performing patentprosecution work for a period of two years following the conclusion of the action; and 2. CV-23-02371-PHX-DWL (D. 18, 2024), defendant filed a motion for a protective order seeking two forms of relief: 1.
Image from here On August 23, the Draft Patent (Amendment) Rules, 2023 , were published in the Gazette of India, inviting public comments by September 22. Since then, the Rules have been extensively discussed within the IP community, especially the potential impact they may have on the patent opposition mechanism.
The Brazilian Patent and Trademark Office (BPTO) joined the Global PatentProsecution Highway (GPPH) program on July 6, 2024. Coordinated by the Japan Patent Office (JPO). By: Mayer Brown
Patent and Trademark Office’s (USPTO) updated subject matter eligibility guidance was October 16, and the Office received 24 total submissions. The 19 posted thus far overwhelmingly call for more detail in the guidance in order to avoid undue restrictions on patentability of critical artificial intelligence (AI) technologies.
located in Fairfax, VA, is seeking a Patent Attorney / Agent with 2+ years of experience as a registered patent attorney or patent agent. This associate will have the opportunity to work (remotely or onsite in Fairfax, VA) on a variety of patentprosecution projects. Muncy, Geissler, Olds & Lowe, P.C.,
Patent and Trademark Office (USPTO) on Wednesday announced a new working group dedicated to broadening the Offices efforts to mitigate common threats to the U.S. patent system.
Last October, the United States Patent and Trademark Office (USPTO) issued a Request for Comments on USPTO Initiatives To Ensure the Robustness and Reliability of Patent Rights. Patent owners, especially small businesses and independent inventors, need two things of the patent system: 1) Reliability/believability.
On January 19, 2025, the United States Patent and Trademark Office (USPTO) enacted significant fee increases for both patents and trademarks. PatentProsecution Efficiency Rising fees for excess claims, RCEs, and IDS filings necessitate a leaner, more efficient approach to patentprosecution.
I would suggest that the pathways through USPTO patentprosecution are at least as intricate and manifold. While prosecution statistics reveal some common routes through the maze—each application charts its own course through a complex network of non-final rejections, final rejections, RCEs, and after-final practice.
This article concerns the impact of Ex Parte Sauerberg, a 2017 Patent Trial and Appeal Board (PTAB) decision, on the safe harbor provision of 35 U.S.C. § Patent and Trademark Office (USPTO) practice, and discuss implications for practitioners. We address whether Sauerberg is consistent with Federal Circuit law and decades of U.S.
Patent and Trademark Office handles hundreds of thousands of patent applications per year, as well as various types of administrative patent proceedings.
Brazil’s National Institute of Industrial Property (INPI) has announced that the global limit for requests for accelerated technical examination through the PatentProsecution Highway (PPH) program is approaching its peak for 2024.
Will AI lead to dramatic changes in patentprosecution over the next 5 years? There are still a couple of days left to have your voice heard in this survey. What do you think?
Patent and Trademark Office (USPTO) today published a final rule announcing across-the-board fee increases of 7.5% but scrapping the most controversial proposals from its April 2024 Notice of Proposed Rulemaking (NPRM). The changes will take effect as of January 19, 2025.
Earlier this year, the European Patent Office (EPO) updated some of its Guidelines for Examination in a way that potentially could affect U.S. patent litigation. Guideline F-IV 4.3 particularly focuses on the form, contents, and clarity of the claims.
Venable LLP’s PatentProsecution and Counseling group seeks a patent agent with three or more years of experience and a background in electrical engineering, computer engineering, or computer science to join the practice in the Washington, D.C., or New York office.
In the standard case, a US utility patent will expire 20 years from its effective filing date. But, there are several circumstances that might alter the patent term. As a consequence, only a minority of patents fit the standard. 154(b).
The USPTO Office of Enrollment & Discipline’s list of registered patent attorneys and agents includes 48,625 individuals. Since there are no annual dues, CLE requirement, or even check-in many folks continue to stay on the rolls even though they are not practicing patent law. Series codes 16 and 17). I mentioned Oblon above.
Building a successful life sciences patent estate can seem like a daunting task, but a foundation of strategic decisions early on can be a big help long term. By: Orrick, Herrington & Sutcliffe LLP
Ideally, it is the responsibility of the Patent Office to check that every applicant wishing to obtain a patent registration is complying with the mandated rules and procedural formalities, and in case there are any lapses, the office must take appropriate measures. Suriya is a Patent Analyst from Salem Tamil Nadu.
by Dennis Crouch Impact of Sonos on PatentProsecution : The recent Sonos v. Google decision threatens to grind to a halt, or at least significantly restrict, a once-common patentprosecution strategy – keeping continuation applications pending for years to obtain new claims that cover marketplace developments.
Innovators seeking patent protection for entertainment software inventions should be aware that all software inventions face patent-eligibility issues. Nevertheless, patent practitioners who are experienced in the art of software patentprosecution can help ensure that software inventions get maximum protection.
and International Patents for the Treatment Of Alcohol and Opioid Use Disorders Using AD04 (Source: Yahoo Finance). Daisuke Wakabayashi: Google Infringed on Patents Owned by Sonos, a Trade Judge Says (Source: The New York Times). Stephen Nellis: Jury Awards Optis $300 Million in Second Patent Trial Against Apple (Source: Reuters).
interests; Senator Chuck Schumer (D-NY) announces an AI policy framework that he hopes will lay the groundwork for bipartisan AI policy; and IPWatchdog hosts its inaugural PatentProsecution & Portfolio Management Masters program.
Arguments to the Patent Office That Contradict Information Submitted to the FDA Support an Inference of Deceptive Intent In Belcher Pharmaceuticals v. Hospira, Inc.,
for infringement of the ‘197 patent under the Hatch-Waxman Act, but the district court found that the Belcher Chief Science Officer withheld material information from the U.S. Patent and Trademark Office (USPTO) during patentprosecution, and the CAFC affirmed. 9,283,197 unenforceable.
Patent and Trademark Office (USPTO) conducted a live meeting for its Artificial Intelligence (AI) and Emerging Technologies (ET) Partnership Series. In one key takeaway, the panel suggested drafting an application with specific details about the innovation in order to support patent eligibility and enablement for the innovative concept.
The first and second are histograms showing the number of claims per US utility patent – 2021 and 2006 issue dates respectively. The 2006 patents are significantly more spread, with many more patents under and over 20-claims mark. This change has shifted applicants up from the very low numbers.
A statistical analysis of patent litigation shows an inverse correlation between the number of office actions a patent application receives before allowance and the likelihood that a patent will be found infringing, though this trend varies based on examiner toughness, say attorneys at Baker Botts.
Patent and Trademark Office announced the winner of this year’s National Patent Application Drafting Competition (NPADC), the University of Missouri-Kansas City School of Law. I would encourage any law student interested in pursuing a career in patentprosecution to consider participating in the competition next year.
ACI’s Advanced Summit on Life Sciences Patents is back in person on June 2–3 in New York City. Our reimagined 2022 conference will provide practical insights on how to implement bullet-proof patentprosecution tactics, maximize patent life cycles and develop strategies to enhance protections for your patent portfolio.
The sun is officially setting on the United States Patent and Trademark Offices (USPTO) After Final Consideration Pilot Program 2.0 This program, which has been instrumental in facilitating patentprosecution efficiency, will officially conclude on Saturday, December 14, 2024. By: Knobbe Martens
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