PTAB’s Interpretation of 35 USC 315(b) Continues to Stand: Dismissal Without Prejudice Effectively Nullifies the One Year Bar to Bring an IPR The USPTO’s Patent Trial and Appeal Board’s holding that the voluntary dismissal of a lawsuit, without prejudice, effectively nullifies the service of the complaint for purposes of triggering the one year bar in 35 U.S.C. ยง 315(b) to petition for the institution of an inter partes review (IPR) stands in Shaw Indus. Grp. v. Automated […] Continue Reading →
“Unavailable” Joint Inventor after the America Invents Act All applications for United States patent must include an oath or declaration signed by each inventor. The oath or declaration must be furnished to the United States Patent and Trademark Office no later than the date on which the issue fee is paid, but preferably on the same day as the non-provisional application is filed to […] Continue Reading →
Happy National Agriculture Day March 14-18 is National Agriculture Week and today March 15th is National Agriculture Day. The law firm of McKee, Voorhees & Sease wishes to take this opportunity to recognize the dynamic and innovative agriculture industry. Being located in Des Moines, Iowa allows us to see day in and day out the advancements in the agricultural […] Continue Reading →
Federal Circuit Recognizes Patent “Agent”Privilege The attorney-client privilege has not previously been extended to cover communications between U.S. patent applicants and non-attorney patent agents. That is about to change. In a recent decision, In re: Queen’s University at Kingston, the Federal Circuit recognized that communications between U.S. patent applicants and non-attorney patent agents should receive some degree of privilege. In […] Continue Reading →