patent office

13 Mar: EPO Applications Up 4%, Led by Digital Communication and Computer Technology, 5.5% Rise in U.S. Applicants

Patent applications filed at the European Patent Office (EPO) rose 4% to 181,406 in 2019, driven by substantial increases from Chinese, Korean and U.S. applicants, according to a report published by the Office yesterday. The United States was the numbe…

18 Feb: Time to Close the Gap: Is the PTAB Looking at Prosecution Histories in IPRs?

If a recent decision denying institution of an inter partes review (IPR) is any indicator, the answer to the titular question seems to be no, the Board does not routinely review a challenged patent’s prosecution history—even when the history includes a…

17 Feb: Six Years After Alice: 61.8% of U.S. Patents Issued in 2019 Were ‘Software-Related’—up 21.6% from 2018

As an update to my posts from 2017 and 2019, it has now been more than six years since the U.S. Supreme Court’s 2014 Alice Corp. v. CLS Bank decision. Still, the IP bar awaits a clear and reliable test to determine when exactly a software (or computer-…

30 Jan: PTAB Refuses to Apply SAS Institute on Remand as Ordered by Federal Circuit, Federal Circuit Denies Rehearing

The Federal Circuit recently denied a petition by BioDelivery Sciences International, Inc. (BioDelivery) for a rehearing en banc following a refusal by the Patent Trial and Appeal Board (PTAB) to apply the Supreme Court’s decision in SAS Institute Inc….

28 Jan: EPO Provides Reasoning for Rejecting Patent Applications Citing AI as Inventor

Earlier this month, the European Patent Office (EPO) and the UK Intellectual Property Office (UKIPO) each rejected two patent applications that designated an artificial intelligence named DABUS as the inventor. While the UKIPO published a decision sett…

28 Jan: PTAB Holds Packet Filtering Claims Unpatentable in Cisco/Centripetal Networks IPR

On January 23, the Patent Trial and Appeal Board (PTAB) issued a final written decision holding all claims (1-20) of U.S. Patent No. 9,160,713 B2 (the ‘713 patent) unpatentable. The ‘713 patent, owned by Centripetal Networks, Inc. (CN), was challenged …

14 Jan: Latest IFI CLAIMS Report Shows U.S. Patent Grants Are Up 15% Over 2018

U.S. patent grants grew by 15% from 2018 to 2019, with IBM heading the pack for the 27th consecutive year, according to IFI CLAIMS Patent Services’ 2019 report. There were 333,530 U.S. patents granted last year, compared with 288,832 in 2018, which rep…

14 Jan: A Global Look at Post Grant Patent Maintenance Fees

A patent maintenance fee is an official fee that is payable at prescribed intervals to a national patent office over the lifecycle of a patent application or a granted patent, in order to keep the patent application or the granted patent in force in th…

14 Dec: Federal Circuit Reverses PTAB’s Invalidity Decision Regarding a Wireless Communications Patent

In November, the Federal Circuit issued an opinion reversing the Patent Trial and Appeal Board’s (the PTAB or the Board) decision that claim 8 of IPR Licensing Inc.’s (IPRL) wireless communications patent—U.S. Patent No. 8,380,244 (the ‘244 Patent)—was…