In an update to our 2016, 2017, and 2018 lists of most difficult examiners at the USPTO, we have identified the 10 patent examiners (excluding SPEs) with the most skeptical eye toward the patent applications that cross their desks.
The USPTO has announced its intention to extend the After Final Consideration Pilot (AFCP) 2.0 program through September 30, 2020. The program had been set to expire on September 30, 2019.
For patent applicants looking to move quickly, the USPTO's Track One program is a seemingly obvious choice. But does the program, which was instituted in 2011, still work? The answer is yes – but not like it used to.
Pfizer and Mylan, the maker of EpiPens, are merging. Pfizer will offload Upjohn, its portfolio of drugs that are no longer protected by patents, including Viagra, Lipitor and Celebrex, combining with rival Mylan to create a new company that will have a new, yet-to-be-announced name.
The USPTO recently hosted a webinar about the general approach to interpreting claims and how the specification interacts with and modifies those claims. With the goal of providing answers to common examiner questions, the webinar specifically discussed the importance of the broadest reasonable interpretation (BRI) of each claim, how to handle claim limitations, and the added difficulty of...
If the first six months of 2019 are any indication, this year will be a year of reform.  In June, we marked the fifth anniversary of the Supreme Court’s landmark decision in Alice Corp. v. CLS Bank International, 573 U.S. 208 (2014). Far from being settled law, questions of subject matter eligibility have dominated the conversation about patents in the courts, Congress, and the USPTO during...
In 2013, the USPTO enacted the After Final Consideration Pilot (AFCP) 2.0 program as an alternative response to a final rejection. The goal of the program was to increase communication between examiners and applicants and take those applications that are close to allowance across the finish line, without requiring the time and cost inevitably associated with an RCE.
Over the last two weeks, patent practitioners, former judges, consultants, and law professors have testified in front of the Senate on the subject of patent eligibility law. Here's a recap of the hearings: 
On Sunday, February 24, film fans, pop culture fanatics, and all of Hollywood’s brightest stars will tune in to the live broadcast of the 91st Oscars ceremony. With eight movies nominated for best picture, from the bombastic Queen biopic Bohemian Rhapsody to the devastatingly poetic Roma, the ceremony is guaranteed to be star-studded, ornate, and maybe even a little unpredictable.
Since June of 2014, Alice has become one of the most feared names in patent prosecution. Rejections citing Alice have multiplied exponentially since then, and they now account for more than 60% of §101 rejections and more than 8% of all rejections, as of our latest analysis.  But Alice rejections aren’t necessarily fatal to an application – and we found the firms to prove it. Which firms are...

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