The United States Patent and Trademark Office (USPTO) is the cornerstone of America’s innovation engine, issuing patents that fuel technological advancement and economic growth. However, perceptions of poor patent quality, driven by vague claim language, inconsistent examinations, costly litigation, and occasional bad rulings by the Court of Appeals for the Federal Circuit (CAFC) or the […]
Analyzing the US Rejection Office Given the USPTO’s pro-rejection tendencies introduced in Part 1 of this series, one might expect the agency would function like a well-oiled machine to properly reject claims in a smooth and efficient fashion. MPEP guidance on how to examine and reject claims is extensive, straightforward and reasonable. Examples include: MPEP […]
In 2024, the Sunwater Institute’s study Patent Quality in the United States, Findings and Suggestions for Policy Makers, determined that This outcome was observed in groups that examined chemical, mechanical, telecommunications, computer and electronical technologies. From the Sunwater Institute report, it can be estimated that TC3600 improperly rejects 15% of claims directed to electric vehicles, […]
I first met Vishal Amin in October 2013. He was Representative Lamar Smith’s senior lawyer on the House Judiciary Committee driving the Innovation Act to passage. My company had just lost its investors due to the Leahy-Smith America Invents Act’s (AIA) creation of the Patent Trial and Appeal Board (PTAB). Back then, the PTAB was […]
As we are well aware, the patent examination process is complex. USPTO personnel, USPTO technology, inventors, and patent applicants can and do make mistakes. Regardless of how an error arises, there should be a workable, reliable, and consistent petition process to address and correct errors. When it comes to financial mistakes, 35 USC 42(d) authorizes. […]
$15,880 Gone! $13,900 Missing! $13,540 Taken! $17,120 Lifted! $6,390 Pilfered! $8,300 Borrowed! This article is dedicated to inventors and IP practitioners who have checked their USPTO deposit accounts only to realize “we’ve been robbed!” Unlike the burglar who stealthily snuck into Steve Martin and John Candy’s motel room in Planes, Trains and Automobiles under the […]
The Patent Trial and Appeal Board (PTAB) effectively invalidates 84% of the patents it fully adjudicates. That fact comes directly from the U.S. Patent and Trademark Office’s (USPTO) PTAB Trial Statistics FY23 End of Year Outcome. This astronomical PTAB invalidation rate has effectively shut down investment in early-stage startups, particularly in vital sectors that require […]
When an administrative body like the Patent Trial and Appeal Board (PTAB) or the Trademark Trial and Appeal Board (TTAB) issues an unjust and unfair decision that robs the owner of intellectual property (IP) of a valuable property right there is little recourse. In certain circumstances, the IP owner can appeal by filing a case […]
