• Changes may improve appeal process at the PTAB

    There are some changes – however minor – that are taking place at the Patent Trial and Appeal Board (PTAB) that may address concerns voiced by patent owners when it comes to trial provisions under the America Invents Act (AIA).

  • PTAB popularity is on the rise

    The two-year anniversary of the signing of the America Invents Act (AIA) into law is on September 16, 2015. Since it was created, the most surprising part of AIA is the overwhelming use of the Patent Trial and Appeal Board (PTAB). In fact, later this month, PTAB is expected to...

  • Post-grant proceedings after the America Invents Act

    The AIA kept the reissue and reexamination proceeedings, changed the interference proceeding to a derivation proceeding and added the options of supplemental examination, inter partes review, post grant review and covered business method proceedings.

  • Federal Circuit supports patent office on standard used in proceedings

    In its majority opinion, the Federal Circuit ruled that the PTAB has the right to apply the broadest reasonable interpretation (BRI) standard to patent claims as opposed to using the narrower standard found in federal district court.

  • The Supreme Court’s part in patent reform, post-AIA

    In 2014, the Supreme Court decided several cases continuing a trend towards tougher standards for patentees, including decisions that addressed, respectively, patent eligibility under 35 U.S.C. 101, the “definiteness” requirements under 35 U.S.C. 112, ¶ 2, and standards for fee recovery from a losing party.

  • A confidentially protected offer or sale is little protection at all

    While the PTO opines that a confidentiality agreement provides strong protection, in reality, your confidentiality agreement may provide no protection at all.

  • The impact of PTAB appeals on the Federal Circuit

    As the first appeals of these new proceedings, which were created as part of the America Invents Act, work their way through the courts, patent lawyers will learn a great deal about the impact of the Patent Trial Appeal Board proceedings on the law, and what to expect in the...

  • Google taking advantage of fast-track patents

    Google has taken the lead in this area, fast-tracking 875 patents, which represents about 14 percent of the 6,187 patents that have been expedited in this new program, called Track One.

  • The basics of post-AIA Disclosure: What to tell your sales force

    Under the framework of the Leahy-Smith America Invents Act (AIA)’s first-to-file system, premature disclosure or sale can have a dramatic impact on patent rights.

  • Best practices for NPE litigation, part 1

    The guide, which is designed for executives at companies who are facing or may be facing NPE litigation, as well as patent practitioners, provides practical information for dealing with this unique type of litigation, including definitions of terms, examinations of recent and proposed legislation, and tips for litigators.

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