Inadequate Translation of a Non-English Application Leads to US Patent Invalidation
The IBSA Institut Biochimique ("IBSA") appealed a decision by the U.S. District Court for the District of Delaware holding the claims of U.S. Patent 7,723,390 ("the '390 patent") (assigned to IBSA) invalid as indefinite under 35 U.S.C. § 112.
The USPTO Strikes Again: More First Action Final Rejections = More Money + Diminished Quality
While looking at a first action final rejection after an RCE that I received this week from an Examiner that I respect, I was asking myself why I had received what appeared to be such a shockingly improper action. The answer was provided to me during part of the on-going IPO annual meeting.
USPTO Launches National Council for Expanding American Innovation
On Monday, September 14, 2020, the USPTO issued a press release announcing the launch of "a major initiative aimed at expanding invention, innovation, and entrepreneurship in the United States." As the USPTO describes, the initiative stems from recommendations to facilitate women and minority participation in innovation and invention because the USPTO's own 2018 "Success Act" study found that both women and minorities were underrepresented in patents as inventors.
RCE/National Stage Kerfuffle: PTO Creates a Nightmare Scenario
Much has been written lately about the USPTO's recent enforcement of its controversial interpretation of filing Requests for Continued Examination (RCE) in National Stage applications (i.e., applications under 35 U.S.C. §371) where the oath/declaration was not filed prior to filing the RCE. This post will not address the legal merits of the USPTO's position.