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Cover Image for Why is the US patent system working against US interests?

Why is the US patent system working against US interests?

The Hill

The true Achilles’ heel is an ongoing failure to address weaknesses in the U.S. patent system that are giving China a technological advantage.

Julie Burke, Ph.D.

Julie Burke, Ph.D.

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Cover Image for Ten Recommendations for the USPTO’s Patent Public Advisory Committee

Ten Recommendations for the USPTO’s Patent Public Advisory Committee

PPH applications filed by Chinese entities are being processed faster and subject to fewer requirements and supported by fewer English language documents as compared to PPH applications filed by US or other entities.

Julie Burke, Ph.D.

Julie Burke, Ph.D.

Cover Image for USPTO Petition Statistics: Inaccurate and Misleading

USPTO Petition Statistics: Inaccurate and Misleading

Petition.ai

Practitioners rely upon information provided by the USPTO in order to make informed decisions about prosecution next steps. We have noticed inconsistent and shifting guidance on the USPTO’s Petition Webpage

Julie Burke, Ph.D.

Julie Burke, Ph.D.

Michael Spector

Michael Spector

Cover Image for USPTO Quietly Changes its Policy du Jour via the Petition Webpage

USPTO Quietly Changes its Policy du Jour via the Petition Webpage

Petition.ai

The USPTO used their petitions webpage to quietly change their policy du jour on whether a petition filed under 37 CFR 1.182 could be used to expedite certain types of petitions

Julie Burke, Ph.D.

Julie Burke, Ph.D.

Michael Spector

Michael Spector

Cover Image for How to Stop Examiners from Ignoring your Arguments

How to Stop Examiners from Ignoring your Arguments

MWZB

AIPLA Quarterly Journal and George Washington University Law School just published Ryan Pool’s paper on Petitions Practice at the USPTO and how to stop Examiners from ignoring arguments presented during prosecution. This paper is both a how-to guide as well as a deep dive into compacting prosecution, Examiner incentives, and the inner workings of the Office of Petitions.

Ryan Pool

Ryan Pool

Cover Image for Use Caution When Relying upon Guidance Provided by the USPTO’s Petition Webpage

Use Caution When Relying upon Guidance Provided by the USPTO’s Petition Webpage

Petition.ai

Savvy patent practitioners know the USPTO’s petition process can lead to prosecution delays. Since filing a petition does not stop an applicant’s clock, late decided petitions are frequently dismissed as moot when applicants take steps to keep the applications from going abandoned.

Julie Burke, Ph.D.

Julie Burke, Ph.D.

Michael Spector

Michael Spector

Cover Image for USPTO's Speed On Some China Patents Bears A Closer Look

USPTO's Speed On Some China Patents Bears A Closer Look

Law360

The U.S. Patent and Trademark Office's Patent Prosecution Highway, or PPH, grants expedited examination to applications containing claims found patentable by an Office of Earlier Examination, or OEE.

Julie Burke, Ph.D.

Julie Burke, Ph.D.

Cover Image for USPTO Climate Change Pilot Program's Debut Is Uneven

USPTO Climate Change Pilot Program's Debut Is Uneven

Law360

California innovators have been quick to use the U.S. Patent and Trademark Office's Climate Change Mitigation Pilot Program to accelerate examination of U.S. patent filings.

Julie Burke, Ph.D.

Julie Burke, Ph.D.

Michael Spector

Michael Spector

Cover Image for Professional Liability Risks of Filing in DOCX - Two Webinars

Professional Liability Risks of Filing in DOCX - Two Webinars

The USPTO continues to present webinars, by now every two days or so, containing pants-on-fire lies about “the DOCX standard” and how safe it supposedly is to file US patent applications according to the USPTO’s DOCX initiative. The USPTO will impose a $400 surcharge on and after June 30, 2023 for those filers who fail to file applications as DOCX files.

Cover Image for USPTO Flexes Its AIA Powers To Make Retroactive Substantive MPEP Policy Changes

USPTO Flexes Its AIA Powers To Make Retroactive Substantive MPEP Policy Changes

IPWatchdog

Retroactive guidance complicates adjudication, making it difficult to determine what the proper procedure was on any particular date. Clarity is lacking when examiners and patent practitioners are literally not working off the same page.

Julie Burke, Ph.D.

Julie Burke, Ph.D.

Cover Image for Recent MPEP Changes Complicate the Sticky Wicket of Restriction Thickets

Recent MPEP Changes Complicate the Sticky Wicket of Restriction Thickets

IPWatchdog

An analysis of the revised MPEP reveals that it contains multiple changes that not only fail to address the President’s and Senators’ concerns, but instead actively facilitate more restriction thickets.

Julie Burke, Ph.D.

Julie Burke, Ph.D.

Cover Image for 3 Weeks Left to Submit Comments on USPTO Initiatives To Ensure the Robustness and Reliability of Patent Rights

3 Weeks Left to Submit Comments on USPTO Initiatives To Ensure the Robustness and Reliability of Patent Rights

As a former USPTO Quality Assurance Specialist, I proposed 10 administrative and procedural fixes that would go far towards improving quality of the patent examination process and resulting rejections and allowances.

Julie Burke, Ph.D.

Julie Burke, Ph.D.

Cover Image for How to Ensure Your Retroactive Foreign Filing License petition isn't Dismissed

How to Ensure Your Retroactive Foreign Filing License petition isn't Dismissed

IPWatchdog

When crafting a RFFL petition, it is crucial to include a showing of facts rather than a mere allegation of action through error.

Michael Spector

Michael Spector

Julie Burke, Ph.D.

Julie Burke, Ph.D.

Cover Image for DOCX Plan Risks Patent Quality And USPTO Should Reverse It

DOCX Plan Risks Patent Quality And USPTO Should Reverse It

Law360

The U.S. Patent and Trademark Office recently announced it is proceeding with its plan to require applicants to e-file patent applications in the DOCX format.

Julie Burke, Ph.D.

Julie Burke, Ph.D.

Cover Image for Petition Pendency’s Impact on Grant Rates

Petition Pendency’s Impact on Grant Rates

Consistent with our analysis of petition entry days, the faster the USPTO mails the petition decision, the higher the grant rate.

Michael Spector

Michael Spector

Julie Burke, Ph.D.

Julie Burke, Ph.D.

Cover Image for Easily Improve Your Petition Grant Rate by 17%

Easily Improve Your Petition Grant Rate by 17%

Unsurprisingly, the faster the USPTO enters the petition request, the higher the grant rate.

Michael Spector

Michael Spector

Julie Burke, Ph.D.

Julie Burke, Ph.D.

Cover Image for Elevate Your Prosecution: Petitioning Examiner Errors After Final

Elevate Your Prosecution: Petitioning Examiner Errors After Final

Presentation at Elevate Your Prosecution conference

Presented at the Elevate Your Prosecution conference in Salt Lake City on September 24, 2021.

Julie Burke, Ph.D.

Julie Burke, Ph.D.

Michael Spector

Michael Spector

Cover Image for USPTO Petition Process: Who Should Pay for the Burden of Inordinate Delays and “Mistakes”?

USPTO Petition Process: Who Should Pay for the Burden of Inordinate Delays and “Mistakes”?

IPWatchdog

All applicants deserve to have their petitions treated in a consistent manner…. Inconsistency within the USPTO’s petition practice should not be used as a poor excuse for further inconsistency.

Julie Burke, Ph.D.

Julie Burke, Ph.D.

Michael Spector

Michael Spector

Cover Image for USPTO After Final Petition Statistics – Are Things as Bad as They Appear? (Part VI)

USPTO After Final Petition Statistics – Are Things as Bad as They Appear? (Part VI)

IPWatchdog

The USPTO apparently gives each Technology Center the discretion as to when and how they choose to process petitions, and even who has authority to decide such petitions. This results in significant TC-to-TC variation in standards of review, petition pendency, and grant rates, making it difficult for practitioners to know what to expect when filing similar types of petitions in various TCs.

Julie Burke, Ph.D.

Julie Burke, Ph.D.

Michael Spector

Michael Spector

Cover Image for The Good, the Bad and the Missing: Findings from a Review of the Data on Granted Retroactive Foreign Filing Licenses

The Good, the Bad and the Missing: Findings from a Review of the Data on Granted Retroactive Foreign Filing Licenses

IPWatchdog

The process to obtain a RFFL, while often lengthy and arduous, is successfully accomplished over 70% of the time…. Yet, it should be concerning that 84% of the granted decisions for a RFFL are not found in Public PAIR’s Image File Wrapper.”

Michael Spector

Michael Spector

Julie Burke, Ph.D.

Julie Burke, Ph.D.

Cover Image for Successful After Final Petitions Can Help Advance Prosecution (Part V)

Successful After Final Petitions Can Help Advance Prosecution (Part V)

IPWatchdog

Petitioning to overcome an improper final Office action is, contrary to conventional wisdom, not necessarily a futile exercise. Applicants can and do obtain granted petitions in far faster time than indicated in the USPTO Data Visualization Center.

Julie Burke, Ph.D.

Julie Burke, Ph.D.

Michael Spector

Michael Spector

Cover Image for Petitions Filed After Final Dismissed as Moot: USPTO Runs Down the Clock (Part IV)

Petitions Filed After Final Dismissed as Moot: USPTO Runs Down the Clock (Part IV)

IPWatchdog

Late entry of an after final petition, either by design or happenstance, strongly correlates with the petition being further delayed and ultimately being dismissed as moot.

Julie Burke, Ph.D.

Julie Burke, Ph.D.

Michael Spector

Michael Spector

Cover Image for Late-Filed Petitions Dismissed as Untimely: No Apparent Rhyme nor Reason (Part III)

Late-Filed Petitions Dismissed as Untimely: No Apparent Rhyme nor Reason (Part III)

IPWatchdog

During the course of our review, we identified three recent instances in which the practice of dismissing petitions as untimely was expanded to dismiss timely-filed petitions.

Julie Burke, Ph.D.

Julie Burke, Ph.D.

Michael Spector

Michael Spector

Cover Image for Newly created First Action Final Rejection policy adds unnecessary complications to patent prosecution

Newly created First Action Final Rejection policy adds unnecessary complications to patent prosecution

IPWatchdog

Based on an obscure and essentially uncirculated 2017 final agency decision (“FA Decision”), the USPTO recently revised Manual of Patent Examination Procedure (“MPEP”) § 706.07(b) to retroactively impose a first action final rejection (“FAFR”) legal standard that creates uncertainty and significantly reduces patent applicant’s options.

Julie Burke, Ph.D.

Julie Burke, Ph.D.

William Smith

William Smith

Michael Spector

Michael Spector

Cover Image for A USPTO Examination Policy Change You May Have Missed

A USPTO Examination Policy Change You May Have Missed

Law360

With little fanfare, the latest Manual of Patent Examining Procedure revision in June inserted a subtle, but potentially significant, change to the first-action final rejection practice that may make the patent examination process more costly for patent applicants, and more profitable for the U.S. Patent and Trademark Office.

Julie Burke, Ph.D.

Julie Burke, Ph.D.

David Gass

David Gass

Cover Image for Update on TC1600 and TC1700’s Treatment of Markush Claims

Update on TC1600 and TC1700’s Treatment of Markush Claims

AIPLA Chemical Practice Chronicles (Summer 2020)

The USPTO provides examiners with the option of rejecting Markush claims for containing improper Markush groupings and/or restricting examination of Markush claims by a requirement for an election of species. The rejection of a Markush claim is appealable to the Patent Trial and Appeal Board (“PTAB”) in accordance with 35 U.S.C. § 134 and 37 C.F.R. § 41.31(a)(1).

Julie Burke, Ph.D.

Julie Burke, Ph.D.

Michael Spector

Michael Spector

Cover Image for Introducing Petition.ai

Introducing Petition.ai

PRWeb

Petition.ai Launches the First Comprehensive Searchable Database of USPTO Patent Petition Documents. Significantly increase the likelihood of getting a petition granted on the first attempt while saving time and effort, relieving stress and reducing uncertainty.

Michael Spector

Michael Spector

The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.

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