{1:35 minutes to read} In the recent case Halo Electronics, Inc. v. Pulse Electronic, Inc., the Supreme Court rejected the dual objective/subjective test of Seagate (the subjective requirement for “objective recklessness”) as too rigid and inconsistent with the statutory language. The previous standard required the patent owner to prove that the accused infringer was objectively […]
{2:30 minutes to read} The Patent Trial and Appeal Board of the United States Patent and Trademark Office (USPTO) has just announced another new pilot program designed to reduce the backlog of ex parte appeals waiting to be heard by the Board. It will allow small or micro-entity appellants with only a single appeal pending […]
{Read in 1:15 minutes} You realize you made a mistake when you filed a patent application. What recourse do you have? It depends on the type of error made. Was it a typographical error in the application number or the wrong priority dates? An error in the initial filing documents can be corrected by submitting […]
{2:30 minutes to read} On June 15, 2015, the United States Patent and Trademark Office (USPTO) implemented the Expedited Patent Appeal Pilot Program. The program is designed to cut into the backlog of ex parte patent appeals by speeding up the process for applicants. The average time for a decision to be reached on an […]
In June of 2014, the Supreme Court of the United States decided on Alice Corp. v. CLS Bank International, a case relevant for the patentability of the claims under 35 U.S.C. 101. The U.S. Supreme Court affirmed the invalidity of Alice’s patent claims directed to a computer-implemented method of reducing settlement risk. The claims were […]
At the end of September 2014, at the Biotechnology Industry Organization (BIO) IP & Diagnostic Symposium, attendees learned additional information regarding the new United States Patent and Trademark Office (USPTO) guidelines, which were supposed to be released by the end of October. Unfortunately, we are now at the end of November and the guidelines still […]