September 21, 2021

Volume XI, Number 264

Advertisement

September 20, 2021

Subscribe to Latest Legal News and Analysis
Advertisement

Prosecution Pointers 286-294

  • Prosecution Pointer 286: There are many advantages to the PCT system. For example, the international search report and written opinion contain information regarding the potential patentability of the disclosed invention, which can provide insight about how to proceed.

  • Prosecution Pointer 287: There are many advantages to the PCT system. For example, an applicant may be able to fast-track examination procedures in the national phase in contracting states that have the PCT-Patent Prosecution Highway agreements or similar arrangements.

  • Prosecution Pointer 288: The USPTO implemented a Fast-Track Pilot Program for Appeals Related to COVID-19, under which an appellant may have certain COVID-19-related ex parte appeals before the Patent Trial and Appeal Board accorded fast-track status. Appellants file a petition to request fast-track review of their COVID-19-related ex parte appeal—i.e., an appeal of an application that claims a product or process that is subject to an applicable FDA approval for COVID–19 use. No petition fee is required. More information on the Fast-Track Pilot Program for Appeals Related to COVID-19 can be found here.

  • Prosecution Pointer 289: The USPTO provides their examination guidance and training materials online; a link to the page can be found here. The guidance and materials cover topics such as interview practice, subject matter eligibility, anticipation, obviousness, written description, indefiniteness, and more.

  • Prosecution Pointer 290: PTAB precedential and informative decisions can be found at the USPTO’s website here. The decisions are organized by subject matter in the accordion. Recently designated decisions appear in the first panel. Archived decisions include those not pertinent to or less pertinent to current PTAB practice.

  • Prosecution Pointer 291: The USPTO website includes a web-based tutorial on how to conduct a preliminary US patent search. A link can be found here.

  • Prosecution Pointer 292: On September 15, 2021, the USPTO is transitioning the standalone Sponsorship tool and it will no longer be available. Instead, the Sponsorship feature in the USPTO’s Patent Center can be used to view and manage support staff sponsorships for EFS-web, Private PAIR, and Patent Center.

  • Prosecution Pointer 293: The USPTO extended the deadline for submitting comments on the state of patent eligibility jurisprudence, and its effect on investment and innovation in the US, to October 15, 2021. The Federal Register Notice requesting comments was published on July 19, 2021, and a link can be found here.

  • Prosecution Pointer 294: WIPO’s PCT legal and User Relations Division is offering a webinar on September 23, 2021, entitled “Mastering Priority Claims in PCT applications.” A link to the online registration can be found here.

© 2021 Finnegan, Henderson, Farabow, Garrett & Dunner, LLPNational Law Review, Volume XI, Number 258
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement

About this Author

Whether defendant or plaintiff, you want an intellectual property (IP) litigation team focused on the best outcome possible for your case and your goals. When your company is faced with an IP dispute, the stakes can be staggering—literally millions or hundreds of millions of dollars can be on the line. A loss may even put an end to your business. When faced with such potential risks, you need a litigation team with deep knowledge of both the technology or science at hand and the law. You need seasoned litigators who bring a multifaceted and strategic approach to the dispute, together with...

202 408 4012
Advertisement
Advertisement
Advertisement