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fromPatently-O
3 days ago
Intellectual property law

Words That Stick: Prosecution Disclaimer Survives the Examiner's Rejection

Intellectual property law
fromPatently-O
1 week ago

Prototype Enough: Even More Expansion to the ITC Domestic Industry Framework

The Federal Circuit upheld the ITC's exclusion order against certain Apple Watch models in a patent dispute with Masimo over blood oxygen technology.
Intellectual property law
fromPatently-O
1 week ago

Prototype Enough: Even More Expansion to the ITC Domestic Industry Framework

The Federal Circuit upheld the ITC's exclusion order against certain Apple Watch models in a patent dispute with Masimo over blood oxygen technology.
#intellectual-property
#uspto
fromPatently-O
2 months ago
Intellectual property law

Large Entities Achieve Double the Patent Allowance Rate of Micro Entities

Large entities secure patents at far higher rates than small and micro entities, with allowance rates of 80%, 61%, and 40% respectively.
#ptab
fromPatently-O
2 months ago
Intellectual property law

L'Office, C'est Moi: Director Squires and the Parchment Barriers of PTAB Institution Precedent

fromPatently-O
2 months ago
Intellectual property law

L'Office, C'est Moi: Director Squires and the Parchment Barriers of PTAB Institution Precedent

#copyright
Intellectual property law
fromFortune
1 week ago

'Conservatives' want to tax university research. It would kill the goose that lays America's golden eggs | Fortune

Proposals to tax university R&D income threaten innovation and economic growth in critical technology sectors.
fromIPWatchdog.com | Patents & Intellectual Property Law
5 days ago

WIPO in Focus: Beyond Treaties, Toward a Market-Driven IP System | IPWatchdog Unleashed

WIPO is not merely a distant UN bureaucracy; it is a dynamic, fee-driven organization that has been undergoing significant operational and cultural transformation in recent years.
Intellectual property law
fromPatently-O
6 days ago

Disclosed but Still Secret? The Federal Circuit Weighs Patent Publications Against Trade Secret Claims

The technology at issue is a subcutaneous cosmetic penile implant, a silicone sleeve placed between the skin and 'Buck's fascia' to enhance girth and length.
Intellectual property law
#patent-eligibility
fromIPWatchdog.com | Patents & Intellectual Property Law
11 years ago
Intellectual property law

The Broken Patent-Eligibility Test of Alice and Mayo: Why We Urgently Need to Return to Principles of Diehr and Chakrabarty*

Lower courts are broadly invalidating business-method and system patents under §101 using the Alice two-part test, finding them abstract and lacking an inventive concept.
US politics
fromNature
1 month ago

Biotech investor set to lead US National Science Foundation

Donald Trump plans to nominate biotechnology investor Jim O'Neill to lead the National Science Foundation.
fromFast Company
2 months ago

Most scientific inventions don't leave the lab. This VC firm is changing that

But he'd been considering an idea for new technology-an autonomous, wind-powered cargo ship. Then, while on paternity leave in 2024, he discovered a free program that helps scientists and engineers launch businesses for the first time. Weeks after finishing the program, called 5050, Cymbalist had launched a startup called Clippership. The company's first ship is being built in the Netherlands this year. Without the accelerator, he says, the company likely wouldn't exist.
Startup companies
fromTechCrunch
2 months ago

Two Stanford students launch $2M startup accelator for students nationwide | TechCrunch

This fundraise turns Breakthrough from just being a seasonal accelerator into a lifelong partnership with our founders,
Venture
fromIPWatchdog.com | Patents & Intellectual Property Law
1 month ago

Lutnick Tells Coons He Will Not 'Harm Innovation' With Patent Tax Proposal

"That is not a thing the Patent Office is going to do, is try to say: 'This patent is worth X.' How in the world could we do that? How in the world could anyone reasonably do that?'" - Howard Lutnick During a Subcommittee hearing of the Senate Appropriations Committee today, Secretary of Commerce Howard Lutnick confirmed to Senator Chris Coons (D-DE) that he does not plan to implement his proposal to charge patent holders a percentage their patents' value.
US politics
Intellectual property law
fromPatently-O
2 weeks ago

Patent Law Year in Review: USC IP Institute 2026

The USC Intellectual Property Institute held its annual IP Year in Review session covering major patent law developments, featuring panels on trademarks, publicity rights, and copyright.
US politics
fromNextgov.com
1 month ago

Tech bills of the week: AI science challenge; protecting copyright content; and more

A bill would direct the National Science Foundation to run prize competitions to advance AI research across multiple policy areas, including a mandated cancer-detection challenge.
fromPatently-O
2 weeks ago

The Patent Term Distribution, and What it Reveals

Congress set the patent term at twenty years from the earliest effective filing date. 35 U.S.C. § 154(a)(2) (not counting provisional or foreign national filing). But that statutory baseline is just the starting point. But, the actual term is shaped by a series of prosecution decisions, USPTO delays, terminal disclaimers, and patent family structure.
Intellectual property law
Intellectual property law
fromIPWatchdog.com | Patents & Intellectual Property Law
2 weeks ago

Organizations Warn Fast-Track of Bill to Separate Copyright Office from Library of Congress Would Be a 'Grave Mistake'

A coalition of consumer rights and library groups opposes fast-tracking H.R. 6028, which would separate the Copyright Office from the Library of Congress and restructure leadership appointments, urging regular legislative procedures to prevent unintended consequences.
Intellectual property law
fromPatently-O
3 weeks ago

Are Rising Maintenance Fees Shortening the Effective Patent Term?

Approximately 60% of U.S. patentees abandon their patents before expiration by not paying maintenance fees, with full-term maintenance rates declining to roughly 40%.
Intellectual property law
frompatentlyo.com
3 weeks ago

Guest Post: Protectionist PTO Memo is on a Collision Course with TRIPS

USPTO Director's new policy considers U.S. manufacturing status when deciding whether to institute IPR and PGR proceedings, potentially conflicting with WTO TRIPS obligations requiring nondiscriminatory patent treatment.
Intellectual property law
fromPatently-O
3 weeks ago

The Expanding Patent Document: Fewer Claims, More Words, and a Trend That Predates Alice

Patent specifications have nearly doubled in length over twenty years to over 13,000 words, but claim counts have declined since 2005, contradicting expectations that Alice Corp. v. CLS Bank would cause a structural break in 2014-2015.
Intellectual property law
fromPatently-O
4 weeks ago

Twenty and Done: The Fee-Driven Collapse of Claim Count Diversity

Patent fee structures have created a hard threshold at 20 claims, causing 28% of 2025 utility patents to issue with exactly 20 claims compared to 6% in 2005.
#patent-reform
#uspto-allowance-rates
Intellectual property law
fromPatently-O
1 month ago

The Third Way: Examiner Action Dates and the Allowance Rate Curve

Examining USPTO allowance rates by anchoring outcomes to examiner mail dates provides the most direct measure of examination policy by capturing the moment examiners make final decisions.
Intellectual property law
fromPatently-O
1 month ago

The Third Way: Examiner Action Dates and the Allowance Rate Curve

Examining USPTO allowance rates by anchoring outcomes to examiner mail dates provides the most direct measure of examination policy by capturing the moment examiners make final decisions.
#patent-strategy
Intellectual property law
fromPatently-O
1 month ago

Extolling the Virtues: 'Space-Efficient' Preamble Fails to Limit

The Federal Circuit reversed an indefiniteness ruling while affirming dismissal of breach-of-contract claims in NimbeLink Corp. v. Digi International Inc., with the patent issue centering on whether claim preambles impose substantive limitations.
#patent-allowance-rates
Intellectual property law
fromPatently-O
1 month ago

Patent Examiner Pays $500K for Financial Conflicts - But the Real Story may be Systemic

A USPTO patent examiner settled allegations of examining patent applications from companies where she held substantial undisclosed stock positions, paying $500,000 in penalties for ethics violations.
Intellectual property law
fromPatently-O
1 month ago

Parts vs. Whole: Federal Circuit Corrects District Court's Component-Level Section 101 Analysis in Gene Therapy Case

The Federal Circuit reversed ineligibility of genetically engineered host cells under patent law, establishing that such cells are not natural phenomena and therefore patentable subject matter.
fromIPWatchdog.com | Patents & Intellectual Property Law
1 month ago

Harrity & Harrity is Seeking a Patent Attorney / Patent Agent - Electrical & Mechanical Innovations

Harrity & Harrity is looking for experienced patent attorneys and agents who want a smarter way to practice law. Our practice is built around streamlined workflows, custom AI and automation tools, and a data-driven approach that keeps the focus where it belongs: on quality, strategy, and client service-not busywork or billable-hour math. You'll work on high-value patent portfolios for top-tier technology companies while enjoying true flexibility, strong support, and meaningful autonomy.
Intellectual property law
#ipr-institution-rates
#patents
Intellectual property law
fromPatently-O
1 month ago

Privity Without Duty: When Patent Inventors Are Bound but Not Represented

University-employed inventors often lose control and compensation decisions when universities and licensees litigate patents without including inventors.
fromAbove the Law
2 months ago

From Cost Center To Value Engine: Patent Management In The AI Era - Above the Law

In a recent Tradespace and Above the Law survey, two-thirds of companies that draft patents in-house described IP as a value driver, while 71 percent of companies that outsource drafting viewed IP as a cost. When drafting and prosecution move inside, IP teams work closer to engineers and product leaders. This proximity improves invention quality, strengthens claim strategy, and aligns patent decisions with product direction, market timing, and business priorities.
Intellectual property law
Intellectual property law
fromPatently-O
1 month ago

An Old Trick in the Patent Book: Targeted Drafting from 1876 to 2026

Patent applicants strategically draft filings to steer USPTO art‑unit assignment and increase claim allowance odds, a practice known as targeted drafting.
Intellectual property law
fromPatently-O
2 months ago

Patently-O Operations Contact

Patently-O added an operations manager and a dedicated contact (discover@patentlyo.com) for subscription, login, billing, and administrative inquiries to improve response times.
fromIPWatchdog.com | Patents & Intellectual Property Law
5 months ago

If You Care About the Patent System, Consider Filing an Amicus Brief in Hyatt

The enormity of the problem cannot be understated. A Federal Circuit panel recently reached a final decision that, if not overturned, will destroy the U.S. patent system, and will ironically impact the most valuable patents disproportionately. The ruling was simple and continues a disturbing and inexplicable trend-a patent issued after more than six years in prosecution is presumed unenforceable as the result of prosecution laches.
Intellectual property law
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