What Ex Post Review Has Revealed About Patents. Purpose of the Project
|
|
- Godwin Webb
- 5 years ago
- Views:
Transcription
1 What Ex Post Review Has Revealed About Patents Duke Law Center for Innovation Policy Roundtable on the PTAB s Post Grant Review Proceedings: A Review of the Evidence Saurabh Vishnubhakat (presenting) Associate Professor of Law, Texas A&M University School of Law (2015 ) Fellow, Duke Law Center for Innovation Policy David L. Schwartz Professor of Law, IIT Chicago Kent College of Law Alan C. Marco Chief Economist, United States Patent and Trademark Office This research represents the individual efforts of the authors and should not be imputed to the USPTO or to any other organization. This research is based entirely on data that is publicly available. Purpose of the Project Empirically estimate what IPR and CBM reveal about the patents that are challenged Compare the review that patents currently undergo in these procedures with the review that the same patents initially underwent during examination Compare the characteristics of patents that are undergoing IPR or CBM review with the characteristics of contemporary patents that have not (yet) undergone IPR or CBM review 1
2 Distinguishable Outcomes We may find several effects at work, and patent claims in IPR or CBM may turn out to be: 1. Valid 2. Invalid (new prior art) 3. Invalid (old unconsidered prior art) 4. Invalid (same prior art, new law) 5. Invalid (same prior art, same law) Working Hypotheses For decisions to institute CBM reviews: Institution differential (grant% deny%) may be higher for 101 challenges than for prior art based 102, 103 challenges 101 has been in flux more fer le ground CBM prior art limited: what was available pre AIA But KSR has raised the nonobviousness standard, so 103 is also more powerful than it used to be 2
3 Working Hypotheses For decisions to institute IPRs: Institution differential (grant% deny%) should be higher for 103 challenges than for 102 challenges 103 challenges more likely to benefit from new prior art Data We examine bibliographic characteristics of patents and patent prosecution histories IPR and CBM: public data from USPTO Examination: publicly available file wrappers of patents challenged under IPR or CBM Data collection is ongoing The following results are from a subset of the IPR and CBM data for which some prosecution data has also been collected 3
4 Initial Results Perhaps unsurprisingly, CBM reviews appear to be a forum mostly for 101 challenges Petitions made under 102, 103, and 112 are as likely as not to be instituted (p > 0.05) Petitions made under 101 are nearly a split in favor of institution (p < 0.05) 4
5 Initial Results Meanwhile, IPRs are more for 103 challenges Petitions made under 102 are as likely as not to be instituted (p > 0.05) Petitions made under 103 are more than a split in favor of institution (p < 0.05) 5
6 Initial Results Usage of IPRs appears to be technology specific Over half the decisions so far to institute or not have pertained to Computers & Communications related patents 6
7 Institution Decisions Initial Results For most technologies, petitions are instituted more often than not by about a margin (p < 0.05) For mechanical inventions, they are equally likely (p > 0.05) 7
8 Institution Decisions Initial Results These technology specific differences between institutions and non institutions are driven more by 103 than by 102 For 102 petitions, institutions are about equal to non institutions (p > 0.05) in most technologies Except Computers & Communications (p < 0.05) 8
9 Institution Decisions Initial Results For 103 petitions, institutions significantly outpace non institutions (p < 0.05) for all technologies except Mechanical 9
10 What Should IPR/CBM Correct? If IPRs and CBM reviews are for catching mistakes that USPTO examination allowed, such as false negatives in grounds for rejection Then we should expect that patents for which IPR or CBM reviews are instituted differ from patents for which reviews are not instituted Particularly with respect to grounds for rejection What Is IPR/CBM Review Correcting? Suppose Patent 123 did not initially receive any 103 rejections during prosecution, but is now challenged on 103 grounds Suppose Patent 456 did receive a 103 rejection during prosecution (and overcame Then we should expect that IPR or CBM review will be more likely to be instituted for Patent 123 than for Patent
11 What Is IPR/CBM Review Correcting? Instead, the success rate for instituting IPR and CBM petitions appears to be the same for patents that were previously rejected on a certain basis during examination and for patents not previously rejected on that basis (p > 0.05 for all grounds examined) 11
12 What Is IPR/CBM Review Correcting? So arguing new grounds in IPR/CBM petitions (grounds that did not previously come up during examination) does not make it any more likely that the petition will be instituted This may suggest that intervening changes in legal standards are playing a greater role than previously expected Next Steps Compare prior art used in examination with prior art used in IPR/CBM review Rejection during examination on the same grounds as the grounds for the current challenge is one thing But knowing whether the same prior art was involved then as now adds additional necessary insight about examination Continue updating IPR/CBM data as well as prosecution history data for relevant patents 12
13 COMMENTS & QUESTIONS 13
REPORT FROM THE FRONT LINES: PATENT OFFICE PROCEEDINGS
Design At Work USPTO Design Day 2018 REPORT FROM THE FRONT LINES: PATENT OFFICE PROCEEDINGS George Raynal Saidman DesignLaw Group INTER PARTES REVIEW POST GRANT REVIEW SUPPLEMENTAL EXAMINATION REEXAMINATION
More informationPost-Grant for Practitioners
Trends, Topics, and Viewpoints from the PTAB AIA Trial Roundtable Karl Renner Dorothy Whelan Webinar Series May 14, 2014 Agenda #fishwebinar @FishPostGrant I. Overview of Webinar Series II. Statistics
More informationTHE LEGAL MARKETPLACE IN AN EVOLVING PATENT LANDSCAPE
THE LEGAL MARKETPLACE IN AN EVOLVING PATENT LANDSCAPE A partnership between Thomson Reuters Legal Executive Institute and Sterne, Kessler, Goldstein & Fox P.L.L.C. * Intellectual Property continues to
More informationRyan N. Phelan. Tel
Ryan N. Phelan Partner Tel 312.474.6607 rphelan@marshallip.com Ryan N. Phelan is a registered patent attorney who counsels and works with clients in intellectual property (IP) matters, with a focus on
More informationAlgae Biomass Summit 2014: Patent Strategies for Algae Companies in an Era of Patent Reform Peter A. Jackman, Esq. October 2, 2014
Algae Biomass Summit 2014: Patent Strategies for Algae Companies in an Era of Patent Reform Peter A. Jackman, Esq. October 2, 2014 2013 Sterne, Kessler, Goldstein, & Fox P.L.L.C. All Rights Reserved. Why
More informationStanding Committee on the Law of Patents
E ORIGINAL: ENGLISH DATE: DECEMBER 5, 2011 Standing Committee on the Law of Patents Seventeenth Session Geneva, December 5 to 9, 2011 PROPOSAL BY THE DELEGATION OF THE UNITED STATES OF AMERICA Document
More informationMarch 16, 2013: Are You Ready for the New Patent Regime?
PRESENTATION TITLE March 16, 2013: Are You Ready for the New Patent Regime? Chris Durkee Kilpatrick Townsend & Stockton LLP What Happens on March 16, 2013? U.S. changes from a first-to-invent to a firstinventor-to-file
More informationPTAB At 5: Part 2 Patents That Survive PTAB Scrutiny
Portfolio Media. Inc. 111 West 19 th Street, 5th Floor New York, NY 10011 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 customerservice@law360.com PTAB At 5: Part 2 Patents That Survive PTAB
More informationEmpirical Research on Invalidation Request of Invention Patent Infringement Cases in Shanghai
2nd International Conference on Management Science and Innovative Education (MSIE 2016) Empirical Research on Invalidation Request of Invention Patent Infringement Cases in Shanghai Xiaojie Jing1, a, Xianwei
More informationTHE AMERICA INVENTS ACT NEW POST-ISSUANCE PATENT OFFICE PROCEEDINGS
THE AMERICA INVENTS ACT NEW POST-ISSUANCE PATENT OFFICE PROCEEDINGS By Sharon Israel and Kyle Friesen I. Introduction The recently enacted Leahy-Smith America Invents Act ( AIA ) 1 marks the most sweeping
More informationIP Infringement Enforcement Strategies China
Managing Intellectual Property IP in Asia Forum 2015 IP Infringement Enforcement Strategies China Munich, 11 June, 2015 Ms. Lena Shen lenashen@sanyouip.com Ms. Lena Shen is a partner of Beijing Sanyou
More informationVALIDITY ANALYSIS DIAGRAM
VALIDITY ANALYSIS POST-KSR: SIMPLIFIED FLOW CHARTS In our Fall 2010 E-Newsletter, we reported some of the highlights from the new Examination Guidelines issued September 2010 by the U.S. Patent and Trademark
More informationHaven t Got Time for the Pain: Resolving IP Rights Without Damage
TWENTY-SIXTH ANNUAL CORPORATE COUNSEL SYMPOSIUM TUESDAY, OCTOBER 27, 2015 Haven t Got Time for the Pain: Resolving IP Rights Without Damage Brad Botsch Isabella Fu Heather D. Redmond Adam V. Floyd Charlene
More informationTiffany D. Gehrke. Associate. Tel
Tiffany D. Gehrke Associate Tel 312.474.6656 tgehrke@marshallip.com Tiffany D. Gehrke secures and protects intellectual property rights for a broad range of clients. In this role, her prior experience
More informationThe America Invents Act: Policy Rationales. Arti K. Rai Duke Patent Law Institute May 13, 2013
The America Invents Act: Policy Rationales Arti K. Rai Duke Patent Law Institute May 13, 2013 Background Work began in 2005 15 hearings before House Judiciary Committee, or Subcommittee on Courts, the
More informationPaper Date Entered: December 10, 2014 UNITED STATES PATENT AND TRADEMARK OFFICE
Trials@uspto.gov Paper 8 571-272-7822 Date Entered: December 10, 2014 UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD SAMSUNG ELECTRONICS CO. LTD., SAMSUNG ELECTRONICS
More informationAn Information Bulletin on Intellectual Property activities in the insurance industry
Introduction In this issue s feature article, Reducing Patent Costs Using Patent Office PAIR Data, Mark describes how information contained in the Patent Information and Retrieval System or PAIR, can be
More informationPatent Law. Prof. Roger Ford March 16, 2015 Class 14 Nonobviousness: introduction; Graham and KSR. Recap
Patent Law Prof. Roger Ford March 16, 2015 Class 14 Nonobviousness: introduction; Graham and KSR Recap Recap Abandonment Foreign patent filings Today s agenda Today s agenda Nonobviousness: introduction
More informationNorthwestern Intellectual Property Policies. OSR-Evanston Quarterly Network Monday, April 13 th Ben Frey, J.D., Senior Contracts Manager
Northwestern Intellectual Property Policies OSR-Evanston Quarterly Network Monday, April 13 th Ben Frey, J.D., Senior Contracts Manager Overview Define baseline terms (IP, patents, inventions, copyright)
More informationVistas International Internship Program
Vistas International Internship Program Find Yourself in a Place Where challenges aren t simply accepted, but sought. This is the new age of IP. This is Knobbe Martens. Who We Are Founded in 1962, Knobbe
More informationPatent Masters Symposium
Patent Masters Symposium A part of the IPWatchdog Institute Program Agenda * Tuesday, Oct. 23, 2018 8:30am to 9:00am Registration & Continental fast 9:00am to 9:15am Gene Quinn: Welcome & Introductions
More informationLife Sciences IP Report
Life Sciences IP Report Facts & Analysis In Partnership With 2017 Consero Group. Reproduction Prohibited. January 2017 Introduction Life Sciences IP Report The competitive advantage for businesses in the
More informationPatent Reexamination *
Patent Reexamination * March 2017 Talia Bar à and Brendan Costello àà University of Connecticut and Yale Law School Abstract: Patent reexamination provides a lower-cost alternative to civil litigation
More informationAN OVERVIEW OF THE UNITED STATES PATENT SYSTEM
AN OVERVIEW OF THE UNITED STATES PATENT SYSTEM Significant changes in the United States patent law were brought about by legislation signed into law on September 16, 2011. The major change under the Leahy-Smith
More informationKey Strategies for Your IP Portfolio
Key Strategies for Your IP Portfolio Jeremiah B. Frueauf, Partner Where s the value?! Human capital! Physical assets! Contracts, Licenses, Relationships! Intellectual Property Patents o Utility, Design
More informationPatent Masters Symposium A part of the IPWatchdog Institute
Patent Masters Symposium A part of the IPWatchdog Institute Program Agenda * Monday, March 25, 2019 8:30am to 9:00am Registration & Continental fast 9:00 to 9:15am Gene Quinn: Welcome & Introductions Session
More informationEffective Utilization of Patent Searches in the Wake of the AIA Patent Reform Law. April 30, 2012
Effective Utilization of Patent Searches in the Wake of the AIA Patent Reform Law April 30, 2012 Panel Members Moderator: Robb Evans, Business Process Management & Strategy, Global Patent Solutions LLC
More informationPaper No Entered: November 6, 2015 UNITED STATES PATENT AND TRADEMARK OFFICE
Trials@uspto.gov Paper No. 44 571.272.7822 Entered: November 6, 2015 UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD KINGSTON TECHNOLOGY COMPANY, INC., Petitioner, v.
More informationU.S. PATENT LITIGATION TRAINING PROGRAM FOR ASIAN CORPORATIONS. September 22-26, finnegan, henderson, farabow, garrett & dunner, llp 901
china india japan U.S. PATENT LITIGATION TRAINING PROGRAM FOR ASIAN CORPORATIONS September 22-26, 2014 korea taiwan united states finnegan, henderson, farabow, garrett & dunner, llp 901 new york avenue,
More informationPATENT COOPERATION TREATY (PCT) WORKING GROUP
E PCT/WG/3/13 ORIGINAL: ENGLISH DATE: JUNE 16, 2010 PATENT COOPERATION TREATY (PCT) WORKING GROUP Third Session Geneva, June 14 to 18, 2010 VIEWS ON THE REFORM OF THE PATENT COOPERATION TREATY (PCT) SYSTEM
More informationCurriculum Vitae. Samantha Zyontz
Curriculum Vitae Samantha Zyontz Contact Information MIT Sloan School of Management 50 Memorial Drive Cambridge, MA 02142 Email: szyontz@mit.edu Current Position Graduate Student (Ph.D.) in Technological
More informationConducting and Analyzing Patent Searches
Presenting a live 90-minute webinar with interactive Q&A Conducting and Analyzing Patent Searches Strategies for Validity, Patentability, Infringement, FTO and State-of-the-Art Searches THURSDAY, MARCH
More informationCase 4:14-cv BRW Document 58 Filed 12/04/15 Page 1 of 13
Case 4:14-cv-00368-BRW Document 58 Filed 12/04/15 Page 1 of 13 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION COOLING & APPLIED TECHNOLOGY, INC. PLAINTIFF V.
More informationAsking Questions on Knowledge Exchange and Exploitation in the Business R&D and Innovation Survey
Asking Questions on Knowledge Exchange and Exploitation in the Business R&D and Innovation Survey John Jankowski Program Director Research & Development Statistics OECD-KNOWINNO Workshop on Measuring the
More information11th Annual Patent Law Institute
INTELLECTUAL PROPERTY Course Handbook Series Number G-1316 11th Annual Patent Law Institute Co-Chairs Scott M. Alter Douglas R. Nemec John M. White To order this book, call (800) 260-4PLI or fax us at
More informationFrank A. Angileri Shareholder, Co-Chair Post-Grant Proceedings Michigan Office P (248)
Frank Angileri Brooks Kushman Frank A. Angileri Shareholder, Co-Chair Post-Grant Proceedings Michigan Office P (248) 226-2829 fangileri@brookskushman.com Frank`s practice focuses on intellectual property
More informationPatent Armoring Via Reissue Proceedings
Portfolio Media. Inc. 860 Broadway, 6th Floor New York, NY 10003 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 customerservice@law360.com Patent Armoring Via Reissue Proceedings Law360, New
More informationState of the USPTO. USPTO Texas Regional Office Dallas, Texas Hope Shimabuku, Director April 19, 2018
State of the USPTO USPTO Texas Regional Office Dallas, Texas Hope Shimabuku, Director April 19, 2018 IP and the U.S. Economy 27.9M IP Intensive Jobs (2014) 38.2% IP Intensive Industries share of Total
More informationUNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD
Paper No. Date Filed: August 8, 2013 Filed on behalf of: Medtronic, Inc. By: Justin J. Oliver MEDVASCIPR@fchs.com (202) 530-1010 UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL
More informationPatent Masters Symposium A part of the IPWatchdog Institute
Patent Masters Symposium A part of the IPWatchdog Institute Program Agenda * Monday, March 25, 2019 8:30am to 9:00am Registration & Continental Breakfast 9:00am to 9:15am Gene Quinn: Welcome & Introductions
More informationInternational IP. Prof. Eric E. Johnson. General Principles
International IP Prof. Eric E. Johnson ericejohnson.com General Principles territoriality Dependence, independence, central attack Procedural harmonization Substantive agreements National treatment Minima
More informationProtecting Your Competitive Edge
Presented by Kevin E. Flynn Patent Attorney The Eclipse Group LLP Protecting Your Competitive Edge 2007 SBIR National Conference -- RTP, North Carolina Roadmap What is a competitive edge? Why protect the
More informationPatent Law: What Anesthesiologists Should Know
Patent Law: What Anesthesiologists Should Know Kirk Hogan MD, JD ISAP 23 rd Annual Meeting October 10, 2014 khogan@wisc.edu, kjhogan@casimirjones.com How Nobody Invented Anesthesia (J. M. Fenster, American
More informationAmerica Invents Act (AIA) Chart For University Personnel
The following chart reflects a stratified list of recommendations that university personnel should consider in view of the new U.S. patent system, i.e., the America Invents Act (AIA), which is intended
More informationAbout The Project. About Peer To Patent
Peer-to-Patent is a historic initiative by the United States Patent and Trademark Office (USPTO) that opens the patent examination process to public participation for the first time. Peer-to-Patent is
More informationPatent Quality: It s Now or Never. A LexisNexis White Paper By Brian Elias Director, IP Product Planning LexisNexis
A LexisNexis White Paper By Brian Elias Director, IP Product Planning LexisNexis A patent that fails to meet the legal requirements for patentability can never be a quality patent, regardless of your perspective
More informationIntellectual Property Law Alert
Intellectual Property Law Alert A Corporate Department Publication February 2013 This Intellectual Property Law Alert is intended to provide general information for clients or interested individuals and
More informationDepartment of Economics Working Paper Series
Department of Economics Working Paper Series Patent Validity Challenges and The America Invents Act by Talia Bar University of Connecticut Brendan Costello Yale Law School Working Paper 2017-21 October
More informationWhy Design Patents Are Surviving Post-Grant Challenges
Portfolio Media. Inc. 111 West 19 th Street, 5th Floor New York, NY 10011 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 customerservice@law360.com Why Design Patents Are Surviving Post-Grant
More informationRecent Changes to the Patent Litigation Landscape and Predictions for the Future. June 12, 2018
Recent Changes to the Patent Litigation Landscape and Predictions for the Future June 12, 2018 Rob Reckers Fiona Bell 2 Trends in Patent Litigation: Cases Filed 7,000 6,000 5,000 4,000 3,000 2,000 1,000
More informationA conversation on Patent Quality
A conversation on Patent Quality ALAIN LECLERC FICPI OPEN FORUM ST-PETERSBURG October 2016 A Conversation on Patent Quality Canadian perspective Worked in prosecution, litigation and in-house Rare and
More informationResearch Collection. Comment on Henkel, J. and F. Jell "Alternative motives to file for patents: profiting from pendency and publication.
Research Collection Report Comment on Henkel, J. and F. Jell "Alternative motives to file for patents: profiting from pendency and publication Author(s): Mayr, Stefan Publication Date: 2009 Permanent Link:
More informationPaper Entered: 2 February 2017 UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD
Trials@uspto.gov Paper 8 571-272-7822 Entered: 2 February 2017 UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD WANGS ALLIANCE CORPORATION d/b/a WAC LIGHTING CO., Petitioner,
More informationSeptember 14, Post-Grant for Practitioners. Inter Partes Review (IPR) of Design Patents. Jim Babineau Principal. Craig Deutsch Associate
September 14, 2016 Post-Grant for Practitioners Inter Partes Review (IPR) of Design Patents Jim Babineau Principal Craig Deutsch Associate Overview #FishWebinar @FishPostGrant Where? see invitation How
More informationLitigation Funding for Patent Disputes
Litigation Funding for Patent Disputes Woodsford Litigation Funding Insight Founder Member of the Association of Litigation Funders www.woodsfordlitigationfunding.com The use of litigation funding is expanding
More informationBas de Blank. Representative Engagements. Partner Silicon Valley T E
Practice Areas Intellectual Property U.S. International Trade Commission Patents IP Counseling & Due Diligence Trade Secrets Litigation Honors Top Verdict of the Year awarded by The Daily Journal and The
More informationPresentation to NAS Committee on IP Management in Standards-Setting Processes. Dan Bart President and CEO Valley View Corporation November 4, 2011
Presentation to NAS Committee on IP Management in Standards-Setting Processes Dan Bart President and CEO Valley View Corporation November 4, 2011 Who is Dan Bart? Current Chairman of the ANSI IPR Policy
More informationClarity of thought: telling Congress how to improve 101
Clarity of thought: telling Congress how to improve 101 01 03 2016 Brian Emfinger ra2studio / Shutterstock.com Amid the continuing uncertainty about subject matter eligibility in the US, particularly for
More informationAIPPI Forum Helsinki 2013 Workshop IV Digital Gaming and IP
AIPPI Forum Helsinki 2013 Workshop IV Digital Gaming and IP 6 September 2013 Patent Eligibility of Computer-Implemented Inventions (CII): Digital Gaming Inventors Shouldn t Have to Build a Box or Kill
More informationPatents, Standards and the Global Economy
Patents, Standards and the Global Economy Nikolaus Thumm 5 th Workshop The Output of R&D activities: Harnessing the Power of Patents Data Seville, 19-20 September 2013 SEPs = Standard Essential Patents
More informationIP Reserch and Use of IP Case Studies for Educational Purposes: Views and Challenges Geneva, April 26-29, 29, 2011
IP Reserch and Use of IP Case Studies for Educational Purposes: Views and Challenges Geneva, April 26-29, 29, 2011 Altaye Tedla Head, Distance Learning Program WIPO Academy 2 Outline Introduction to IP
More information2018 PATENTLY-O PATENT LAW JOURNAL
2018 PATENTLY-O PATENT LAW JOURNAL Decoding Patentable Subject Matter 1 Colleen Chien 2 and Jiun Ying Wu 3 October 16, 2018 (Codes for replication available at https://sites.google.com/view/colleenchien/)
More informationTHE TRESPASS FALLACY IN THE SOFTWARE PATENT DEBATE. Ryan T. Holte *
THE TRESPASS FALLACY IN THE SOFTWARE PATENT DEBATE Ryan T. Holte * In The Trespass Fallacy in Patent Law, 1 Professor Adam Mossoff details how patent law jurisprudence and scholarship is dominated by an
More informationPaper Enter: January 20, 2016 UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD
Trials@uspto.gov Paper 10 571-272-7822 Enter: January 20, 2016 UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD INTERMIX MEDIA, LLC, Petitioner, v. BALLY GAMING, INC.,
More informationIntroduction Disclose at Your Own Risk! Prior Art Searching - Patents
Agenda Introduction Disclose at Your Own Risk! Prior Art Searching - Patents Patent Basics Understanding Different Types of Searches Tools / Techniques for Performing Searches Q&A Searching on Your Own
More informationHow to Support Relative Claim Terms. Presented at NAPP Annual Meeting & Conference USPTO July 30, 2016
How to Support Relative Claim Terms Presented at NAPP Annual Meeting & Conference USPTO July 30, 2016 National Association of Patent Practitioners ( NAPP ) is a nonprofit professional association of approximately
More informationThe 3M State of Science Index. An insight into UK perceptions of science
The 3M State of Science Index An insight into UK perceptions of science Does science matter? It does to 3M because its fuels our company vision: 3M technology improving every company, 3M products enhancing
More informationAlice Lost in Wonderland
Alice Lost in Wonderland September 2016 Presented by Darin Gibby Partner, Denver Kilpatrick Townsend & Stockton LLP t +1 303.571.4000 dgibby@kilpatricktownsend.com 2015 Kilpatrick Townsend What is Alice?
More informationIP Outlook in the Reform Era
1 IP Outlook in the Reform Era May 8, 2009 Attorney Advertising Prior results do not guarantee a similar outcome Models used are not clients but may be representative of clients 321 N. Clark Street, Suite
More informationRecommended Textbook: Patent Office Litigation by Sterne, Kessler, Goldstein & Fox P.L.L.C. (published by Thomson Reuters Westlaw)
LAW 306 - Patent Office Litigation Fall 2016 The recent passage of the Leahy-Smith America Invents Act (AIA) has shifted the battleground of certain patent challenges from district court to the USPTO by
More informationPartner 2323 VICTORY AVENUE SUITE 700 DALLAS, TX T F
david.mccombs@haynesboone.com PRACTICES: Intellectual Property, Intellectual Property Litigation, International, Asia, Patent Prosecution and Counseling, Patents, Patent Litigation, Patent Office Trials,
More informationKey Features of Patent and Utility Models Protection
Key Features of Patent and Utility Models Protection Regional Seminar on the Legislative, Economic and Policy Aspects of the Utility Models Protection System, Kuala Lumpur September 3 and 4, 2012 Standard
More informationPost-Grant Review in Japan
Post-Grant Review in Japan Houston, January 30, 2018 Toshifumi Onuki International Activities Center Japan Patent Attorneys Association Peter Schechter Partner Osha Liang LLP Post-Grant Review in Japan
More informationRevisiting the USPTO Concordance Between the U.S. Patent Classification and the Standard Industrial Classification Systems
Revisiting the USPTO Concordance Between the U.S. Patent Classification and the Standard Industrial Classification Systems Jim Hirabayashi, U.S. Patent and Trademark Office The United States Patent and
More informationDevelopments in Intellectual Property
IP Impact Silicon Valley November 6 th, 2014 Developments in Intellectual Property John Cabeca Director of the Silicon Valley USPTO United States Patent and Trademark Office John.Cabeca@uspto.gov UPSTO
More informationDecember 2014 USPTO Interim Guidance on Subject Matter Eligibility. Effect on Software Patents. January 16, 2015 SKGF.COM
December 2014 USPTO Interim Guidance on Subject Matter Eligibility Effect on Software Patents January 16, 2015 Three-part webinar series on subject matter eligibility in ex parte examination 2014 Interim
More informationTechnology Transfer and Intellectual Property Best Practices
Technology Transfer and Intellectual Property Best Practices William W. Aylor M.S., J.D. Director, Technology Transfer Office Registered Patent Attorney Presentation Outline I. The Technology Transfer
More informationBefore the United States Patent and Trademark Office Alexandria, VA COMMENTS OF COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION
Before the United States Patent and Trademark Office Alexandria, VA In re Determining Whether a Claim Element is Well-Understood, Routine, Conventional for Purposes of Subject Matter Eligibility Docket
More informationIN THE UNITED STATES PATENT AND TRADEMARK OFFICE
DOCKET NO: 723-3922 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE PATENT: 6,864,796 TRIAL NO: IPR2015-00109 INVENTORS: Michael L. Lehrman, Alan R. Owens, Michael E. Halleck and Edward L. Massman FILED:
More informationCenter for Innovation Policy Duke University School of Law 210 Science Drive Box Durham, NC (919)
Center for Innovation Policy Duke University School of Law 210 Science Drive Box 90360 Durham, NC 27708-0360 (919) 613-7003 innovationpolicy@law.duke.edu Center for Innovation Policy Duke Law School Annual
More informationIs the U.S. Exporting NPE Patent Litigation?
Is the U.S. Exporting NPE Patent Litigation? Chad Pannell, Kilpatrick Townsend & Stockton Email: cpannell@kilpatricktownsend.com Presented to April 12, 2017 2017 Kilpatrick Townsend Roadmap NPE Litigation
More informationFasten Your Seatbelts! Can The Patent Prosecution Highway Take Your Application Down The Fast Lane? Vanessa Behrens, Dirk Czarnitzki, Andrew Toole
Fasten Your Seatbelts! Can The Patent Prosecution Highway Take Your Application Down The Fast Lane? Vanessa Behrens, Dirk Czarnitzki, Andrew Toole Overarching Objective To investigate the benefits from
More informationWhat can be patented, how to proceed and what is absolutely crucial in the process?
What can be patented, how to proceed and what is absolutely crucial in the process? Elen Brendeford Patent Examiner, PhD emb@patentstyret.no What is a patent? A patent can only be granted for an invention
More informationIntroduction to Intellectual Property
Introduction to Intellectual Property October 20, 2015 Matthew DeSanto Assistant to Mindy Bickel, NYC Engagement Manager United States Patent and Trademark Office Outline Types of Intellectual Property
More informationIN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION. Plaintiff, Civil Action No. 3:14-cv-1877
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION LAKESOUTH HOLDINGS, LLC, Plaintiff, Civil Action No. 3:14-cv-1877 v. Demand for Jury Trial WAL-MART STORES, INC. and
More informationFreedom to Operate (FTO) from a large company s perspective
Freedom to Operate (FTO) from a large company s perspective Dr Stoyan A. Radkov - European Patent Attorney Novartis Pharma AG, Basel, Switzerland 11 October 2010 RSC, Piccadilly, London Overview What do
More informationDesign Patent Quality Examiner s Perspective
NAPP s 20 th Annual Meeting and Conference Design Patent Quality Examiner s Perspective Joel Sincavage Design Practice Specialist, Tech Center 2900 July 28, 2016 Design Patent Quality Design Patent Quality
More informationEffects of early patent disclosure on knowledge dissemination: evidence from the pre-grant publication system introduced in the United States
Effects of early patent disclosure on knowledge dissemination: evidence from the pre-grant publication system introduced in the United States July 2015 Yoshimi Okada Institute of Innovation Research, Hitotsubashi
More informationHigh-Quality Patents from the Study about JP-US Collaborative Search Pilot Program(JP-US CSP)
~ 世界から期待され 世界をリードする JIPA~ High-Quality Patents from the Study about JP-US Collaborative Search Pilot Program(JP-US CSP) JIPA 1 st Patent Committee, 1 st patent subcommittee Katsuyuki SHIBATA (CASIO Computer
More informationWIPO REGIONAL SEMINAR ON SUPPORT SERVICES FOR INVENTORS, VALUATION AND COMMERCIALIZATION OF INVENTIONS AND RESEARCH RESULTS
ORIGINAL: English DATE: November 1998 E TECHNOLOGY APPLICATION AND PROMOTION INSTITUTE WORLD INTELLECTUAL PROPERTY ORGANIZATION WIPO REGIONAL SEMINAR ON SUPPORT SERVICES FOR INVENTORS, VALUATION AND COMMERCIALIZATION
More informationPRACTICE TIPS FOR TRADEMARK PROSECUTION BEFORE THE USPTO
PRACTICE TIPS FOR TRADEMARK PROSECUTION BEFORE THE USPTO HERSHKOVITZ IP GROUP INTA 2012 WASHINGTON, D.C. Presented by Brian Edward Banner www.hershkovitzipgroup.com Who am I? I am an Adjunct Professor
More informationProtect Your Innovation and Maximize Your Investment Return in Automotive Electronics
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP Protect Your Innovation and Maximize Your Investment Return in Automotive Electronics Presented by Shaobin Zhu SEMICON (Shanghai) March 20, 2013 SEMICON
More informationDO BAD PATENTS BLOCK COMPETITION OR HARM INNOVATION?
DO BAD PATENTS BLOCK COMPETITION OR HARM INNOVATION? Ron D. Katznelson President, Bi-Level Technologies, Encinitas, CA CPIP Fourth Annual Fall Conference Intellectual Property & Global Prosperity OCTOBER
More informationUSPTO and the Texas Regional Office
USPTO and the Texas Regional Office USPTO Offices Detroit Operational since July 2012 Denver Byron G. Rogers Federal Building Operational since July 2014 Silicon Valley San Jose City Hall Building Operational
More informationMPEP Breakdown Course
MPEP Breakdown Course MPEP Chapter Worksheet The MPEP Breakdown training course will provide you with a clear vision of what the Patent Bar is all about along with many tips for passing it. It also covers
More informationIntroduction to The U.S. Patent System
PDHonline Course G162 (2 PDH) Introduction to The U.S. Patent System Instructor: Danny R. Graves, PE, MSEE 2012 PDH Online PDH Center 5272 Meadow Estates Drive Fairfax, VA 22030-6658 Phone & Fax: 703-988-0088
More informationPENN CENTER FOR INNOVATION PROGRESS AND PLANS
Trude Amick Penn Center for Innovation Director, Engineering, Physical and Applied Science trude@penn.edu 215-573-4509 www.pci.upenn.edu Thing to consider Objective of Senior Design Class is to create,
More informationPatent Related Trends in the Automotive Industry
March, 2015 Patent Related Trends in the Automotive Industry By: Melinda DeSantis, Steven Oberholtzer and Robert Shereda Introduction By investigating U.S. patent-related trends relevant to the automotive
More information2015 MIPLA Stampede: Post-Grant Strategies for Attacking & Defending Issued Patents
2015 MIPLA Stampede: Post-Grant Strategies for Attacking & Defending Issued Patents Presented by: Kurt Niederluecke, Fredrikson & Byron, P.A. Adam Steinert, Fredrikson & Byron, P.A. Copyright 2015 The
More informationPatents AIA Move to First-to-File
Patents AIA Move to First-to-File Passed on Sept. 16, 2011 First to File goes into effect for new applications filed on or after March 16, 2013 Patents NEW 102(a) Novelty (a) Novelty; Prior Art. A person
More information