USPTO Proposes Rule and Director Implements Policy Likely to Limit Multiple Patent Validity Challenges
On Friday, October 17, the USPTO published a proposed rule that, if implemented, would likely reduce filings of inter partes review patent validity challenges. In addition, USPTO Director John Squires announced, in an open letter and memo, that, starting today, October 20, he will make all institution decisions (addressing both discretionary denial and the merits) for PTAB petitions.
USPTO Director Squires Signals Support of AI Patent Eligibility
Vlad Teplitskiy & Harnik Shukla
The new Director of the U.S. Patent and Trademark Office, John Squires, has quickly signaled a shift in how the USPTO will address subject matter eligibility for AI and other emerging technologies. Director Squires used a routine patent signing ceremony to send a broader message on subject matter eligibility: that the USPTO remains open to granting patents on innovations in new technological fields. One of the two newly issued patents he signed involved distributed ledger/cryptocurrency technologies. When signing the patent, Director Squires invoked Samuel Morse’s groundbreaking telegraph patent claim, which was upheld by the Supreme Court as patent eligible.
USPTO Announces Multiple Pilot Programs to Expedite Patent Application Process
The United States Patent and Trademark Office recently announced two new pilot programs available at the early stages of patent prosecution in original applications.
The Automated Search Pilot Program allows an applicant to access the results of an automated patentability search (from the PTO’s search tool), prior to examination by a live examiner. This can have strategic benefits for patent applicants who have not yet determined how distinctive their inventions may be.
Derivation ≠ Interference: First to File Keeps Rights if Conception Was Independent
Justin J. Gillett & Kenneth O. Aruda, Ph.D.
GLOBAL HEALTH SOLUTIONS LLC v. SELNER
Before Stoll, Stark, and Goldberg (sitting by designation). Appeal from the Patent Trial and Appeal Board.
Summary: The Federal Circuit affirmed the Board’s rejection of a derivation challenge, holding that the petitioner failed to demonstrate that the first filer derived the invention from others.
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