On April 19, 2018, the United States Patent and Trademark Office (USPTO) issued a memorandum informing the Examining Corps of recent changes in examination procedure for subject matter eligibility. The bedrock of subject matter eligibility found in 35 U.S.C § 101 specifies that “any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof” may be patent eligible. However, the Supreme Court has established several judici

The United States Patent and Trademark Office recently reached a monumental milestone, issuing U.S. Patent No. 10,000,000 on June 19th, 2018. The issuance by the USPTO of this particular patent, more than any that has come before it, signifies much more than the sum of the claims found within the patent document. This 10 millionth patent represents the exponential growth within the US patent system and the relentless innovation that has spurred this nation’s development. U.S.

As you may know, at any time, you can check the status of any pending or registered trademark at the United State Patent and Trademark Office (USPTO) at the Trademark Status and Document Retrieval (TSDR) tab, http://tsdr.uspto.gov/. You can find the status of a mark, assignment information, owner information, the goods and/or services covered by the trademark, and more. Following up on a previous blog entry, the USPTO has worked to increase communication and understanding of

Most of the general public is now familiar with the TM and ® symbols used in trademark talk. The TM symbol is generally used after a word, phrase, or symbol to identify the preceding as a trademark or service mark with the associated common law rights to the mark. Service marks sometimes, though less commonly, use the SM symbol. The ® symbol is also used in a similar way with the key distinction being that the latter is reserved for trademarks or service marks registered by

The USPTO opened its Regional Office in Dallas, Texas on November 9, 2015. The Texas Regional Office, located in the Terminal Annex Federal Building, is the last of four regional offices opened by the USPTO since 2012 and will serve the Southwestern region of the United States including Alabama, Arkansas, Louisiana, Mississippi, New Mexico, Oklahoma, Tennessee, and Texas. Hope Shimabuku will be the first Director of the Texas Regional Office and is expected to take her post

Applicants and inventors work so diligently to put together the material and components of a patent application, that I often find it discouraging to explain the prosecution process after filing the application, because the only thing left to do is….wait; sit and wait and hope for a first action allowance or an Ex Parte Quayle action (in other words, notice from the Examiner that you are being granted your patent without any changes or with only minor modifications, of which

The United States Patent and Trademark Office recently reached a milestone: they issued United States Patent No. 9,000,000 on April 7, 2015. The patent is for a windshield washer conditioner, which collects rainwater from a car’s windshield, de-ionizes it, adds windshield washer fluid, and uses it to replenish the windshield washer fluid reservoir. While this milestone is notable, it is worth mentioning that this does not mean there have been only nine million patents issues;

Black Friday may be over but the United States Patent and Trademark Office (USPTO) still has deals for trademark applicants and owners. Reduced fees for trademark applications and renewals are coming on January 17, 2015. Conditions may apply depending on the filing option applicants choose. The conditions mainly deal with whether applicants are filing electronically and how much information can be supplied at the beginning of the application process. So you get protection of

The United States Patent and Trademark Office will soon officially have a new Director: Michelle K. Lee, who is currently the Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO. Ms. Lee was nominated by President Obama for the position of Under Secretary of Commerce for Intellectual Property and Director of the USPTO on October 17, 2014. She awaits confirmation by the Senate, although she is already performing the duties of Directo

Upon filing your patent application, it is first reviewed for formalities (i.e. correct font size for reference numerals on your drawings, margins, etc.) by the Office of Initial Patent Examination. The first thing you will receive is your Filing Receipt and you may also receive a Notice to File Corrected Application Papers to correct any deficiencies in your application. These deficiencies are typically easily resolved. Once you have filed the appropriate corrected applicati

In 2011, the President signed the Leahy-Smith America Invents Act (AIA) which was designed to increase the efficiency of the patent system. On June 4, 2013, the White House issued a series of executive actions and legislative recommendations designed to protect innovators from frivolous litigation and promote higher-quality patents. In his State of the Union address in January 2014, President Obama renewed his request for passage of a patent reform bill that would help smalle

In an attempt to exempt the United States Patent and Trademark Office from budget cuts authorized on March 1, 2013 by the federal government sequestration, Representatives Mike Honda (sponsor), Zoe Lofgren, and Anna Eshoo (co-sponsors) have introduced the Patents And Trademarks Encourage New Technology (PATENT) Jobs Act of 2013 for fiscal years 2014 to 2021. According to GovTrack.us, this bill was assigned to a congressional committee on June 28, 2013, which will consider it

Last week, Hurricane Sandy brought destruction and disruption to large parts of the Caribbean, eastern United States, and eastern Canada. Our thoughts and prayers are with those affected by Hurricane Sandy as they attempt to recover from the storm. Hurricane Sandy’s impact was felt in both large and small ways across the affected area, including at the United States Patent and Trademark Office. The USPTO is located in Alexandria, Virginia, and was closed for two days due to t

The Board of Patent Appeals and Interferences (BPAI) received a new name on September 16, 2012. The BPAI is now known as the Patent Trial and Appeal Board (PTAB). According to 35 U.S.C. §6(a), the Board’s membership consists of the Director, the Deputy Director, the Commissioner for Patents, the Commissioner for Trademarks, and the Administrative Patent Judges. One of the Board’s duties is to review the Appeal Brief for compliance. Also, after all briefs and answers have been

The size of an entity can mean a lot! It can mean the difference between staying afloat to grow stronger or succumbing to the pressures and uncertainty of today’s economy. When applying for a patent, however, the smaller in size you are, the bigger the rewards! So how does the size of an entity make a difference with the U.S. Patent and Trademark Office (USPTO)? When it comes to paying fees for patent applications and related documents, the amount of money you have to spend i

On July 13, 2012, the U.S. Patent and Trademark Office (USPTO) opened a regional office in Detroit, Michigan. This is the first regional patent office outside of the USPTO’s primary location in Washington metropolitan area in its 200-plus year history. The USPTO has also announced it will open three additional regional patent offices to be located in Denver, Colorado, Dallas, Texas, and San Jose, California. Each of the new regional offices is expected to employ around 120 pa

On April 25, 2011, the United States Patent and Trademark Office published a notice in the Federal Register (Vol. 76, No. 79 22854) proposing a number of changes to ex parte and inter partes reexamination proceedings. The notice also announced a public meeting to be held June 1, 2011 at 1:30 p.m. and is soliciting public opinions on the changes being considered by the USPTO. The notice indicates that the proposed changes are intended to streamline the procedures governing ex

Written by U.S. Patent and Trademark Office Posted: April 4, 2011 Washington – The United States Patent and Trademark Office (USPTO) announced today plans for the agency to begin accepting requests for prioritized examination of patent applications – allowing inventors and businesses to have their patents processed within 12 months. It currently takes nearly three years to process the average patent. The program, called Track One, launches May 4, 2011, and is part of a new T

The U.S. Commerce Secretary Gary Locke and Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USPTO) David Kappos recently announced that they will be opening its first ever satellite location in Detroit, Michigan in 2011. This location is likely to create around 100 jobs in an effort to hire more patent examiners and is the first step towards their Nationwide Workforce Program. This location will only be exami

Regulations of the United States Patent and Trademark Office (PTO) authorize the payment of reduced fees by those who come within the definition of a "small entity". To be a small entity, you must be an independent inventor, or one of a number of joint inventors who have not assigned, granted, conveyed, or licensed any rights in the invention to any person who could not likewise be classified as an independent inventor if that person had made the invention, or to any concern