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Update on "Patent Troll" Legislation in the Wake of the 2014 Elections
December 17, 2014

    Post by Luke Holst In December of 2013, the U.S. House of Representatives passed H.R. 3309, the "Innovation Act," ostensibly to address the problem of abusive patent litigation, sometimes referred to as patent trolling. While H.R. 3309 passed with bipartisan support by an overwhelming margin of 325-91 votes, its companion bill failed to clear the Senate. Failure of the Senate bill is attributable to r....... Read More


    USPTO Releases New Guidelines on Patent Subject Matter Eligibility
    December 16, 2014

      Post by Dan LorentzenThe USPTO today released new Guidance on Patent Subject Matter Eligibility. The new guidance comes nearly 9 months after the first set of "2014 Procedure For Subject Matter Eligibility Analysis Of Claims Reciting Or Involving Laws Of Nature/Natural Principles, Natural Phenomena, And/Or Natural Products" were released in March 2014. The March guidelines sought to implement new pr....... Read More


      Shifting Pre-Trial Strategy in the Wake of Alice and Ultramercial
      December 04, 2014

        Post by Paul S. Mazzola Four recent Supreme Court cases involving patentable subject matter under 35 U.S.C. § 101 (Bilski v. Kappos, Mayo Collaborative Services v. Prometheus Laboratories, Inc., Ass'n for Molecular Pathology v. Myriad Genetics, Inc., and Alice Corp. v. CLS Bank International ) have had the practical effect of heightening the standard for patentability. However, these cases may also be al....... Read More


        USPTO Publishes its 2014 Patent Public Advisory Committee Annual Report
        December 03, 2014

          By Jonathan KennedyThe Patent Public Advisory Committee (PPAC) for the USPTO published itsAnnual Report for the 2014 fiscal year. The annual report is directed to the President of the United States and addresses many issues faced in the previous fiscal year, summaries of goals met, and recommendations for the future. The 2014 report expressed concerns over the effect of sequestration and the USPTO's budget........ Read More


          Ways to Accelerate Patent Examination Before the USPTO ? Part 4, Finale
          November 18, 2014

            By Jill Link As discussed in aseries ofpriorpostings, there are various options to expedite examination and/or decrease the pendency and delays associated with patent examination before the United States Patent and Trademark Office (USPTO). These include: (1) the First Action Interview Pilot Program (see Part 1); (2) Track One Prioritized Examination (see Part 2); (3) Accelerated Examination (see Part 3); (4) the ....... Read More


            Oral Arguments Held in Appeal of First IPR
            November 18, 2014

              By Jonathan Kennedy On November 3, 2014, a three-judge panel of the Federal Circuit heard oral arguments in In re Cuozzo—the appeal from the first inter partes review ("IPR") instituted by the USPTO. As noted in our previouspost, the appeal presents a number of interesting procedural and substantive issues. While the oral argument did not address all of the issues on appeal, the arguments from....... Read More


              Ways to Accelerate Patent Examination Before the USPTO ? Part 3
              November 11, 2014

                By Jill Link As discussed in atwopostingslastweek, there are a few options to patent applicants to combat the long pendency, slow processing and delays in examination before the United States Patent and Trademark Office (USPTO). The First Action Interview (FAI) Pilot Program and Track One Prioritized Examination were discussed as options to expedite the pace of patent examination. The various options and programs ....... Read More


                STEM Education Linked to Increased Innovation, Patenting
                November 07, 2014

                  An interesting new discussion paper from John V. Winters at Oklahoma State University highlights the connection between foreign and native college graduates with science, technology, engineering, and math (STEM) degrees and per capita patenting. The data appear to disclose that the amount of STEM degrees per metropolitan area significantly increases the amount of patents issued per area. This correlation is also s....... Read More


                  Ways to Accelerate Patent Examination Before the USPTO ? Part 2
                  November 07, 2014

                    By Jill Link As discussed in a first posting earlier this week, there are a few options to patent applicants to combat the long pendency, slow processing and delays in examination before the United States Patent and Trademark Office (USPTO). The First Action Interview (FAI) Pilot Program was discussed as one option to expedite the pace of patent examination once an application reaches a patent examiner. The variou....... Read More


                    Ways to Accelerate Patent Examination Before the USPTO
                    November 04, 2014

                      By Jill Link Long pendency, slow processing and delays in examination due to patent backlog before the United States Patent and Trademark Office (USPTO) are common concerns voiced by patent applicants. Although it may provide some comfort to know that backlogs are decreasing and overall examination timeframes are improving, many patent applicants remain frustrated while waiting in line for an average of nearly19 m....... Read More


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                      The attorneys of McKee, Voorhees & Sease, P.L.C. designed this blog as an informational and educational resource about intellectual property law for our clients, other attorneys, and the public as a whole. Our goal is to provide cutting-edge information about recent developments in intellectual property law, including relevant case law updates, proposed legislation, and intellectual property law in the news.

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