close

Blogs > Patent Law Blog

Navigating the Patent Office

Oct 19, 2018

Calculating Patent Term Adjustment (PTA) – An Overview

As discussed in our previous post, Patent Term Adjustment (PTA) under 35 U.S.C. §154(b) and Patent Term Extension (PTE) under 35 U.S.C. §156 provide for extensions on the standard patent term, which can be very valuable for products that have long development and/or regulatory approval lifecycles, such as in the case of pharmaceuticals. » Read More

Apr 03, 2018

When It Comes To Markush Groups, USPTO Has “Dams” Problem

Despite the fact that no court has ever found a Markush group improper, the USPTO continues to search for an analytical framework to realize such a finding. As we wound down our New Year’s celebrations, the USPTO “snuck”[1] into the ninth edition of the Manual of Patent Examining Procedure (“MPEP”), which was released in January, a new section 706.03(y), entitled “Improper Markush Grouping.”

The new section has some significant flaws, which are unlikely to decrease the discord between examiner and applicant. » Read More

Jan 25, 2018

Need a Patent Quickly? USPTO Programs for Expediting Prosecution

Many first-time applicants are surprised by the length of time it takes for a U.S. patent application to issue as a U.S. Patent.  The USPTO tracks application pendency in terms of the average number of months between two specified events during the prosecution process. » Read More

Dec 04, 2017

Federal Circuit Holds First-Ever Practical Process for Accessing Transit System with a Bankcard to be Patent Ineligible Abstract Idea: “You Cannot Be Serious”

Patent Eligibility:

Federal Circuit Holds First-Ever Practical Process for Accessing Transit System with a Bankcard to be Patent Ineligible Abstract Idea: “You Cannot Be Serious”

As I read the decision of the United States Court of Appeals for the Federal Circuit (“Federal Circuit”) in Smart Systems Innovations vs. » Read More