Patent Office Extends After Final Consideration Pilot Program The After Final Consideration Pilot (AFCP 2.0) program provides patent applicants at the USPTO with the opportunity to address issues that may remain in an application after a final rejection has issued. The AFCP 2.0 program is something of an exception to typical procedure, wherein a patent examiner has considerable discretion as to whether to […] Continue Reading →
Patenting Ideas Previously Disclosed in an Earlier-Filed Provisional Application but Later-Filed Non-Provisional Application Can an idea that has already been conceived (and published) still be patented? The scenario appears possible based on a recent holding from the United States Court of Appeals for the Federal Circuit. Many know that nearly all publicly available information with a publication date prior to the filing date of a patent application can […] Continue Reading →
Expanded Powers of the USITC Under 19 U.S.C. §1337(b)(1) the U.S. International Trade Commission (USITC) is authorized to investigate allegations of unfair trade acts in the importation of articles that infringe a valid United States patent. If a violation of the statute is found, the USITC issues an exclusion order that bars the importation of some or all of the […] Continue Reading →
New Changes Proposed for PTAB Trial Proceedings Rules USPTO Director Michelle K. Lee discussed proposed rule changes in herblog post for Wednesday, August 19. The first set of rules governing inter partes review, post-grant review, and covered business method patent proceedings was issued in 2012 and a number public comment sessions were held to gather feedback on these rules. In March of 2015, […] Continue Reading →
New Patent Application Alert Service The USPTO is now offering a Patent Application Alert Service (PAAS) that allows subscribers to stay current with patent application pre-grant publications that may be relevant or of interest. A subscriber will receive a weekly email alert that is customizable to a search criteria set by the subscriber. Each email will also contain direct links […] Continue Reading →
Innovation Promotion Act Could Mean Income Deductions for Patents and Other Intellectual Property Current tax laws do not permit deductions or other preferential tax treatment for income derived from intellectual property. This may change based on proposed tax reforms. On July 29th the House Ways and Means Committee members Charles Boustany (R-LA) and Richard Neal (D-MA) released a legislative proposal for public comment outlining the Innovation Promotion Act. […] Continue Reading →
Innovation Promotion Act Would Mean Income Deductions for Patents Currently tax law does not permit deductions or other preferential tax rules for income derived from intellectual property. Proposed tax reforms consider changing this. On July 29th the House Ways and Means Committee members Charles Boustany (R-LA) and Richard Neal (D-MA) released a legislative proposal for public comment outlining the Innovation Promotion Act that would, in […] Continue Reading →
USPTO Issues Updated Guidance on Patent Eligibility Patent eligibility under 35 U.S.C. § 101 has been an area of significant change in recent years. Several Supreme Court decisions have changed our understanding of what does and does not qualify for patent protection. These decisions, in turn, have required a change in the procedures implemented by the USPTO during the examination of patents. […] Continue Reading →
Google Patents and Cooperative Patent Classification (CPC) Users of Google Patents might have noticed a recent update. In addition to a new interface and layout, the most exciting innovation is an improved searching function. As background, patentability requires an invention be novel and non-obvious. To determine whether these legal requirements are satisfied, the United States Patent and Trademark Office (USPTO) substantively examines pending patent […] Continue Reading →
Federal Circuit Weighs in on Abbreviated Biosimilar Applications The Biologics Price Competition and Innovation Act (BPCIA) establishes an abbreviated pathway for regulatory approval of follow-on biological products that are highly similar to a previously approved product (the reference product). The general structure of the abbreviated pathway, referred to as “biosimilar” licensure , is similar to that used for Abbreviated New Drug Applications (ANDA) under the […] Continue Reading →