USPTO - Filing Patent Documents

The USPTO strongly encourages customers to file via EFS-Web:

"EFS-Web for Registered eFilers - Enhanced filing of new patent applications, follow-on submissions, saved submissions, and more.

EFS-Web for Unregistered eFilers - Basic initial filing of new patent applications. Note: Unregistered eFilers are not permitted to file follow-on submissions/fees in EFS-Web. Unregistered eFilers are advised to pay fees online as part of the initial application submission or use an alternative filing method to pay fees, such as including a deposit account authorization with the application papers or mailing the payment using the Priority Mail Express® service of the United States Postal Service (USPS) in accordance with 37 CFR 1.10.

If you have questions about filing via EFS-Web, please contact the Patent Electronic Business Center (EBC) at ebc@uspto.gov or (866) 217-9197."

Copyright © 2020 Robert Moll. All rights reserved.

USPTO - Artificial Intelligence (AI) Web Page

Today, the USPTO posted a web page for artificial intelligence (AI) information.

The web page includes AI initiatives, public notices and responses, AI-related events, and resources and nearly 200 responses from companies, law firms, and individuals to Requests for Comment on AI (See Request for Comments on Patenting Artificial Intelligence Inventions: 84 FR 44889 and Request for Comments on Intellectual Property Protection for Artificial Intelligence Innovation: 84 FR 58141).

Copyright © 2020 Robert Moll. All rights reserved.

Bloomberg Law - $1.1 Billion CalTech Infringement Win Shows Patent Board Perils

Bloomberg Law's article $1.1 Billion CalTech Infringement Win Shows Patent Board Perils reminds inter partes review (IPR) cannot be a reflexive choice to a patent infringement suit.

Specifically, if an IPR petition fails before Patent Trial and Appeal Board (PTAB), a court may estop the petitioner from challenging the patent validity on same grounds or grounds that could have been reasonably raised. Apple is expected to appeal to the Federal Circuit.

Copyright © 2020 Robert Moll. All rights reserved.

PTAB - Trial Statistics - Brief Comment

The PTAB Trial Statistics 2020 is worth a quick review. It is interesting to see that institution rates of inter partes review (IPR) have steadily decreased from 87% in fiscal year (FY) 2013 to 56% in FY 2020. I am surprised how steady the decrease and that covered business methods and post grant review has not taken off since passage of AIA. Yet some advocates (pro-patent or anti-patent) have not acknowledged why these patent invalidity strategies are becoming less attractive.

Copyright © 2020 Robert Moll. All rights reserved.