Our Journal

Patent Trial and Appeal Board Statistics Through January 2020

By: Alex Szypa The USPTO has released its Patent Trial and Appeal Board [1] Statistics for Financial Year 2020 (October 2019 – September 2020) through January 2020. This data includes […]

Constitutionality of IPRs – Appointments Clause Issues

By: Jessica Fleetham, with help from Joshua Patrick [UPDATE] On November 13, 2019, a U.S. House of Representatives subcommittee said it would hold a hearing on the recent PTAB judge ruling […]

Prior Art Searching: Why, Where, and How

By: Timothy Murphy and Jessica Zilberberg Though not required, some patent applicants choose to conduct a prior art search before filing a patent application. Prior art includes any evidence that […]

Alice’s Five-Year Anniversary

By: Jessica Zilberberg The Supreme Court’s 2014 Alice[1] decision represented a major shakeup at the USPTO. Most can agree that at the very least, Alice created a hurdle to the […]

Patent Priority Claiming Before the USPTO

Many patent applications seek to claim the benefit of the filing date of an earlier-filed application. When it comes to making such claims, an ounce of prevention is worth a […]

Pre-Appeal Request for Review

By: Jessica Zilberberg With all the talk of overworked PTAB judges, it is no wonder that the average pendency of an appeal from an Examiner’s final rejection of claims is […]