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Tag: USPTO

Reports of Qualcomm’s Imminent Death Have Been Greatly Exaggerated

Last week, the first patent jury trial between Qualcomm and Apple concluded, with the jury deciding that Apple had infringed three Qualcomm patents and awarding Qualcomm damages.  Outside of Qual...

As USPTO Oversight Hearing Approaches, Some Questions On Eligibility

United States Patent and Trademark Office (USPTO) Director Andrei Iancu will testify in front of the Senate Judiciary Committee Subcommittee on Intellectual Property on Wednesday as the sole witness i...

Increase In § 101 Rejections Due Almost Entirely To Rejected Business Methods

Prof. Colleen Chien, along with her student Jiun-Ying Wu, recently published an analysis of the impact of § 101 on patent prosecution.  While their analysis clarifies which art units are impacte...

USPTO Releases 2018-2022 Strategic Plan

The USPTO released the final version of its 2018-2022 Strategic Plan today.  I previously wrote about the flaws in the draft strategic plan.  The draft plan did, however, at least note the importanc...

FTC Hearings #4: Patents, Intellectual Property, and Innovation

This post has been cross-posted to DisCo. Last week, the FTC held the fourth in its set of hearings focusing on “Competition and Consumer Protection in the 21st Century.”  The first day focused ...

The PTO’s Inability To Reject An Application For Good Has A Long History

I was recently alerted[1.  My thanks to Karen Barzilay, who located this text as part of ongoing efforts by the Adams Papers Editorial Project at the Massachusetts Historical Society to put a searcha...

Cisco, Google, MIT, and USPTO Team Up To Create Prior Art Archive

One of the biggest problems in patent examination is actually finding prior art.  When it comes to patents and patent applications, that’s relatively easy—examiners have access to databases of al...

Additional Studies Show IPR Is Not A Threat To Hatch-Waxman Process

Over a year ago, I took a look at a study of the success rate for inter partes reviews (IPRs) of pharmaceutical patents.  That study showed that drug and biologic patents are significantly more likel...

Yet More Evidence That NPEs Are Harmful To Innovation

Profs. Cohen, Gurun, and Kominers first published a paper collecting evidence of the impacts of NPEs on innovation in 2014.  Recently, they updated the paper, incorporating additional evidence and re...

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