Category Archives: USPTO Events

Reflections on USPTO Design Day 2017: What’s Next?

Reflections on USPTO Design Day 2017: What’s Next?

Author: Elizabeth D. Ferrill
Editor: Eric P. Raciti

Each April, the design patent community gathers at the USPTO to discuss design prosecution and protection. This year, on April 25, another sell-out crowd of over 300 people attended the 11th Annual USPTO Design Day, which is sponsored by the USPTO, IPO, AIPLA, the IP section of the ABA, and the IDSA. This year’s event including important updates on changes in Technology Center 2900 (which is responsible for all design examination), international protection of designs, including a special guest from the Canadian IP office, as well as evolving trends in fashion, the usefulness of motions to dismiss in design patent cases, and the potential effect of prosecution history in litigation and claim construction.
Continue reading

Tagged , ,

Patent Quality Chat – February 14, 2017: Learning to Love Application Data Sheets

Author: Adriana L. Burgy
Editor: Stephanie Sanders

On February 14, 2017, the USPTO’s Patent Quality Chat webinar series continued with “Understanding the ADS (Application Data Sheet):  Little Things Make a Big Difference.”  A link to the presentation materials and the 2017 quality chat series can be found here.  For this chat, the USPTO’s Janice Tippett, who is a Management and Program Analyst in the Office of Patent Application Processing (OPAP), highlighted the various issues applicants/stakeholders are having with filing Application Data Sheets (ADSs) and corrected ADSs.  Continue reading

Tagged , , , , , , , ,

USPTO Seeks Public Feedback and Ideas at Subject Matter Eligibility Roundtables

Author: Rachael P. Dippold, Ph.D.
Editor: Stephanie M. Sanders

The USPTO announced today that it will be hosting two roundtable events, one in November and one in December, regarding subject matter eligibility under 35 U.S.C. § 101. The roundtables are designed to facilitate public discussion of the USPTO’s current guidance on subject matter eligibility and topics related to current subject matter eligibility jurisprudence.

Roundtable 1: USPTO Subject Matter Eligibility Guidelines

For the first roundtable event, the USPTO requests public input for improving its subject matter eligibility guidance and training examples. In particular, the USPTO is seeking views and comments on the following topics:

  • Suggestions on how to improve the USPTO’s subject matter eligibility guidance
  • Comments on the May 2016 Life Sciences examples and suggestions for additional examples
  • Suggestions on how to make examiners aware of recent judicial decisions and how to incorporate such decisions into subject matter eligibility guidance
  • Concerns regarding how examiners are applying court decisions or the USPTO’s guidance and training

Continue reading

Tagged , , , , , , ,

The 21st Century USPTO: Using Electronic Resources to Increase Examination Quality and Reduce Time From Allowance to Issuance

Author: Stephanie M. Sanders
Editor: Amanda K. Murphy, Ph.D.

In its August 29th Federal Register Notice, the USPTO announced that it will be hosting a roundtable event on September 28, 2016 at its headquarters in Alexandria, VA, to obtain public comment on the following topics related to utilizing electronic resources to streamline the patent examination and issuance processes.

  1. How can the USPTO best utilize available electronic resources (e.g., PAIR, Global Dossier), to provide examiners with information (e.g., references, search results) from an applicant’s other applications as early as possible to increase patent examination quality and efficiency?
  2. How can the USPTO reduce the time between allowance and issuance by no longer printing potentially unnecessary information on the front page of a patent?

Regarding the first point, the USPTO is specifically seeking public input on the question of whether, for a given application being examined, the Office should monitor other applications submitted by the applicant for relevant information contained therein. Relevant information may include references cited by the applicant, references identified by an examiner, search reports, and the like. The Office is considering monitoring not just applications and patents in the same family as the instant application (which it already does), but also sibling applications (i.e., applications sharing a parent with the instant application) and any other applications by the applicant covering the same or similar technology.

Continue reading

Tagged , , , ,

Update: Central Reexamination Unit

Author: Hongbiao Yu, Ph.D.
Editor: Adriana L. Burgy

In a recent Patent Public Advisory Committee (PPAC) Quarterly Meeting held on May 5, 2016, the USPTO provided an update on the Central Reexamination Unit (CRU). This update included the current composition of the CRU, the history of the CRU, the impact of America Invents Act (AIA) on the CRU, statistics on supplemental examination, ex parte reexamination and reissue applications, CRU operations, and the future of the CRU. Summarized below are some of the highlights of the CRU update.

The CRU currently has 10 Supervisory Patent Examiners, and 84 Primary Patent Examiners with an average of 15-20 years of examining experience. With the implementation of AIA, the CRU handles supplemental examination. As of May 5, 2016, the CRU received 111 compliant supplemental examination requests. The average time from the date of filing to conclusion of the supplemental examination proceeding is about 1 month.

Continue reading

Tagged , , , , ,