Patent Baristas

The decisions of the Federal Circuit discussed in the 2010 KSR Guidelines Update provide additional examples of the law of obviousness. The purpose of the 2007 KSR Guidelines was to help Office personnel to determine when a claimed invention is not obvious, and to provide an appropriate supporting rationale when an obviousness rejection is appropriate. […]

The United States Patent and Trademark Office (USPTO) issued an update to its obviousness guidelines to be used when applying the law of obviousness under 35 U.S.C. 103. This 2010 KSR Guidelines Update highlights case law developments on obviousness under 35 U.S.C. 103 since the 2007 decision by the United States Supreme Court (Supreme Court) […]

In March 2010 the United States Patent and Trademark Office (USPTO) and the United Kingdom Intellectual Property Office (IPO) announced plans to begin cooperation on increasing the efficiency and quality of the patent examination process by making greater use of each other’s work on commonly filed patent applications and eliminating duplication of work.  This initiative […]

“The backlog is indeed our biggest problem.” ~ USPTO Director David Kappos CBS News ran a story on Sunday on the growing backlog at the U.S. Patent & Trademark Office. Since the federal patent agency was created in 1790, the U.S Patent and Trademark Office has issued 7,752,677 patents. Now, with an average wait time […]

The U.S. Patent and Trademark Office put out a Request for Comments on Proposed Changes to Restriction Practice in Patent Applications. Summary: In situations in which two or more independent and distinct inventions are claimed in a single patent application, the United States Patent and Trademark Office (Office) is authorized by the patent laws and […]

MEMORANDUM DATE:            June 28, 2010 TO:                  Patent Examining Corps FROM:           Robert W. Bahr, Acting Associate Commissioner For Patent Examination Policy SUBJECT:     Supreme Court Decision in Bilski v. Kappos Today, the Supreme Court affirmed the USPTO’s decision that the claims in the patent application at issue in Bilski v. Kappos are not patent-eligible under 35 U.S.C. […]

The Innovation Economy:  Unleashing Intellectual Property to Fuel Growth and Create Jobs Under Secretary Kappos June 2, 2010 Thank you, Sarah, for that kind introduction.  I would like to thank the Center for American Progress for having me in today to speak with you about intellectual property’s critical role in today’s innovation economy. America stands […]

After the US Patent and Trademark Office denied a patent term extension under 35 U.S.C. §156, to Metvixia® — with an active ingredient methyl aminolevulinate hydrochloride — Photocure ASA sought a do-over in district court under the Administrative Procedure Act, 5 U.S.C. §702. The district court held that the PTO’s ruling was “not in accordance […]