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Navigating the New Era of Continuing Application Practice: Managing Risk and Fees

The United States Patent and Trademark Office (USPTO) has recently introduced a new rule regarding terminal disclaimers (TD) in patents to address obviousness-type double patenting (ODP) rejections. This rule requires Applicants to assert that...
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Strategic Insights: Quality Patents for Your Business

Crafting quality patents is essential for any inventor looking to protect their innovations and intellectual property. A patent application that is drafted with quality in mind will not only help the inventor feel confident...
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PTAB Pre-Issuance Circulation RulesPTAB Updates Pre-Issuance Circulation Rules

The U.S. Patent and Trademark Office (USPTO) has announced a final rule that will update the rules of practice before the Patent Trial and Appeal Board (PTAB). This rule aims to formalize the existing...
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Shifting Burden in Patent Litigation: Lessons Learned from PTAB Cases

In June 2024, Jones Day provided valuable insights on the shifting burden in patent litigation, specifically focusing on lessons learned from PTAB cases. The information shared should not be taken as legal advice for...
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Addressing the USPTO’s Inherited Backlog: A Critical Look at the Patent System

The U.S. Patent and Trademark Office (USPTO) is currently facing a significant backlog of patent and trademark applications, with a total of 785,387 unexamined applications. This backlog has been attributed to various factors, including...
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Enhancing the US Patent System: Backing USPTO Staff for Success

The US patent system has faced criticism for many years, with some blaming patents for issues like patent litigation abuse and high drug prices. However, there is little evidence to support these claims. In...
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Prosecution Laches: Impact on Continuations in Intellectual Property

Last week, the annual patent portfolio management program was held, focusing on the importance of continuations in growing and maintaining a patent portfolio for companies. While the topic of prosecution laches may seem mundane...
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USPTO Updates: Latest Developments and News from IPWatchdog

This week, we had a conversation with Scott McKeown from Wolf Greenfield and Steve McBride from Carmichael IP regarding the latest updates from the United States Patent and Trademark Office (USPTO). We delved into...
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USPTO Mid-Year Review 2024: Updates and Expectations for the Second Half

The first half of 2024 has been a busy time for the United States Patent and Trademark Office (USPTO), with the introduction of five different notices of proposed rulemaking. While the first three proposed...