Patent Baristas

The National Law Journal is reporting that the U.S. Patent and Trademark Office may have unconstitutional appointments of nearly two-thirds of its patent appeals judges and nearly half of the trademark appeals judges. This could call into question the validity of hundreds of decisions over the last eight years. The flaw, brought to light by […]

Greg Aharonian at Internet Patent News Service posted a note about a possible increase in double-patenting rejections as the U.S. Patent Office. In a complaint he received, a reader questions whether this is an orchestrated implementation of “directives to frustrate patent applicants to achieve their misguided purpose.” As an example, the reader noted that the […]

The United States Patent and Trademark Office (USPTO) has published updated patent examiner training materials regarding the examination of patent applications under the written description requirement (35 U.S.C. § 112, first paragraph).  That is, in order to obtain a valid patent, an applicant must include in a description adequately disclosing the invention and how to […]

The United States Patent and Trademark Office (USPTO) is initiating a pilot program in which the applicant who complies with certain requirements will receive the results of a prior art search conducted by the examiner, via a condensed Pre-Interview Communication, and then be permitted to conduct an interview with the examiner to discuss the cited […]

Dr. Triantafyllos Tafas’ lawsuit, arguing that the proposed U.S. Patent Office continuation rules are void for exceeding its authority, won a permanent injunction prohibiting the USPTO from putting the new rules changes into effect (Final Rules; 72 Federal Register 161 at 46716).  Triantyfyllos Tafas v. John Dudas and the United States Patent and Trademark Office. […]

The United States Patent and Trademark Office is moving ever onward with its proposed revision to the rules of practice pertaining to any claim using alternative language to claim one or more species. That is, if the claims use Markush or other forms of alternative language. Markush claims, officially sanctioned since 1924, is a claim drafting technique using the phrase ‘‘selected […]

The U.S. Patent and Trademark Office (USPTO) has proposed making changes to the rules regarding when an invention involves biological material.  Often, these can’t be adequately described using just words. As a way to supplement the written description of an invention, courts have sanctioned a procedure in which biological material may be deposited with an […]

The U.S. Patent and Trademark Office (USPTO) came down on the side of Wisconsin Alumni Research Foundation (WARF) in upholding one of its patents on human embryonic stem cells.  WARF’s licensee, Geron Corp., holds an exclusive license to these patents to develop and commercialize therapies based on three types of cells derived from human embryonic stem cells: neural […]