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SCOTUS Watch: Oil States Oral Hearing Preview

On November 27, 2017, the U.S. Supreme Court will hear oral arguments in the appeal from the Court of Appeals for the Federal Circuit, Oil States Energy Services v. Greene’s Energy Group. Certiorari...

PTAB Releases Revision to Operating Procedures for Cases Remanded from Federal Circuit

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On November 16, 2017, the Patent Trial and Appeal Board (PTAB) revised its Standard Operating Procedures 9 (SOP9) involving cases remanded for further review from the Federal Circuit. These standard...

USPTO Finalizes New Patent Fee Schedule

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On November 14, 2017, the USPTO issued its final rule on new fees for Fiscal Year 2017. There are some marked increases, several moderate increases, some nominal increases, a few new fees, and some...

The Slants’ Saga Ends: USPTO Registers Service Mark

On November 14, 2017, six years to the day after the application was first filed with the USPTO which precipitated the landmark U.S. Supreme Court ruling in Matal v. Tam[1] striking down the...

USPTO Issues Final Rule on Patent-Agent Privilege

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On November 7, 2017, the USPTO issued its long-awaited new rule extending the USPTO’s attorney-client privilege to registered U.S. patent agents. The final rule can be found here. This new rule has...

USPTO Designates Assignor Estoppel Case as Precedential Authority

On August 1, 2017, the USPTO designated a Patent Trial and Appeal Board case as precedential authority. This case was decided four years ago, on October 25, 2013. That case, Athena Automation Ltd....

USPTO Issues Exam Guideline on Merely Informational Matter

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On July 30, 2017, the USPTO issued an Examination Guideline 2-17 on Merely Informational Matter. The Guideline is meant to assist Trademark Examining Attorney on case law relevant to trademarks and...

USPTO Issues Public Comments for §101 Subject Matter Eligibility

By Brent T. Yonehara On July 30, 2017, the USPTO released its §101 report, Patent Eligible Subject Matter: Report on Views and Recommendations From the Public. The report is a rather dry recitation...

USPTO Issues Exam Guidelines Consistent with Tam Decision

On June 26, 2017, the United States Patent and Trademark Office issued an updated Examination Guideline 01-17, consistent with the recent Matal v. Tam, 582 U.S.\\\_ (2017), ruling by the United...

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