Is "Otherwise Available to the Public" a New Category of Prior Art or a New Catchall Provision?
Under the AIA, 35 U.S.C. § 102 was modified to define various categories of prior art appearing before the effective…
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Supreme Court Agrees to Hear Patent Venue Case
Earlier this week, the U.S. Supreme Court granted certiorari to TC Heartland, LLC, a liquid sweetener company based in Indiana…
USPTO Proposes Adopting "But For" Standard for Materiality
On Friday, October 28, 2016, the Federal Register (Vol. 81, No. 209) published the USPTO’s proposed change of Rule 56…
USPTO Proposes Rule to Recognize Client Privilege Extends to Patent Agents & Foreign Practitioners
On October 18, 2016, the United States Patent and Trademark Office (USPTO) published a proposed rule regarding recognition of privileged…
Third-Ever Post-Grant Review Decision Invalidates Patent Under § 101
Last week the Patent Trial and Appeal Board (PTAB) issued its third-ever Post-Grant Review (PGR) decision (PGR2015-00009), following the first…
Track One: USPTO’s Prioritized Patent Examination Program
OVERVIEW Fast innovation is a significant asset to competitiveness on the world stage. However, when a patent application is filed,…