On March 4th, 2014, the U.S. Patent and Trademark Office (USPTO) issued “2014 Procedures For Subject Matter Eligibility Analysis Of Claims Reciting Or Involving Laws of Nature/Natural Principles, Natural Phenomena, And/Or Natural Products“ Guidance, advising examiners and the public of the factors for determining whether an invention satisfies the U.S. Supreme Court’s interpretation of 35 U.S.C. §101, as applied to patent-eligibility.
Today, the United States Patent and Trademark (“USPTO”) issued a Guidance, advising examiners and the public of the factors for determining whether an invention satisfies the U.S. Supreme Court’s interpretation of 35 U.S.C. §101, as applied to patent-eligibility.
The USPTO has issued new patent subject matter eligibility guidelines to aid examiners in applying the principles of Myriad and Prometheus to any claim “reciting or involving laws of nature/natural principles, natural phenomena, and/or natural products.”
A year after its “Roundtable on Proposed Requirements for Recordation of Real Party-in-Interest Information Throughout Application Pendency and Patent Term,”…
According to the USPTO statistics of November 2013 there were 590,070 patent applications waiting to get examined in the U.S. Patent and Trademark Office. The expected time from filing of a patent application to the first office action is on average 17.6 months. On average the total time of examination is 37.3 months.
On November 29, 2013, the USPTO published its proposed rules to implement “the Hague Agreement Concerning International Registration of Industrial Designs.”
A band comprised of Asian-Americans from Portland, Oregon has been trying to trademark its name, “The Slants,” for years, but the U.S. Patent and Trademark Office (USPTO) has denied the registration on the grounds that the word has a racially charged connotation and is offensive.
Certain USPTO fees are set to decrease on January 1, 2014, including issue fees and the publication fees for utility applications. Also, as of January 1, 2014, certain PCT International Stage fees will have Small Entity and Micro Entity rates. Additionally, the USPTO no longer will charge a recordation fee to record a patent assignment document submitted electronically.
In Gilead Sciences, Inc. v. Rea, the U.S. District Court for the Eastern District of Virginia upheld the USPTO Patent Term Adjustment (PTA) rule that provides for a PTA deduction when an applicant files a “supplemental reply or other paper” after a reply has been filed. In the case at issue, the applicant had filed an Information Disclosure Statement (IDS) after filing a response to a Restriction Requirement.
Last week the United States federal government entered a shutdown, suspending services not exempted by the Antideficiency Act, 31 U.S.C. § 1341. Although the U.S. Patent and Trademark Office currently remains open, the Copyright Office is among the many closed government offices.