Contact Us

News

Whats next for the enhanced patent quality initiative in 2016?

Enhanced Patent Quality Initiative in 2016 – What’s Next?

Image from uspto.gov

Director of the USPTO, Michelle K. Lee recently released a statement discussing the future of the Enhanced Patent Quality Initiative in 2016. We look forward to the continuing improvements to the United States patent system, and wish to draw attention to key points from Ms. Lee’s statements:

Patents of the highest quality can help to stimulate and promote efficient licensing, research and development, and future innovation without resorting to needless high-cost court proceedings. …such patents better enable potential users of patented technologies to make informed decisions on how to avoid infringement…Patent owners also benefit from having clear notice on the boundaries of their patent rights. After successfully reducing the backlog of unexamined patent applications, our agency is redoubling its focus on quality. 

It is in the best interest of all parties, save perhaps patent trolls, to reduce the level of costly patent disputes resulting from unclear or low-quality patents.  It seems promising that 2016 will bring more concrete suggestions and guidelines on how to best pursue this goal.

Ms. Lee goes on to highlight two new initiatives for the EPQI:

Clarity of the Record Pilot

Aims to better examiner and applicant practices for enhancing Clarity of the Record. It will require examiners to provide “definitions of key terms, important claim constructions, and more detailed reasons for the allowance and rejection of claims.”

Transforming Review Data Capture Process 

Ms. Lee revealed that the USPTO plans to vastly increase the amount of data they gather from review processes, stating:

“We are working to unify the review process for all reviewers and systematically record the same review results through an online form, called the “master review form,” which we intend to share with the public. “

The goal for the additional data is to grant the ability to use big data analytic techniques to gather more detailed trends and metrics across a wider variety of sectors. It will also allow for pinpointing examiner error and the reasoning behind various examiner actions.

We look forward to seeing positive results from the USPTO’s EPQI and will continue updating with the most current developments.

enhanced patent quality initiative webinar

Last Enhanced Patent Quality Initiative Webinar for 2015

The United States Patent and Trademark Office (USPTO) has been steadily promoting its Enhanced Patent Quality Initiative (EPQI), with major efforts through mid and late 2015.

One of those efforts has been the monthly webinar on the state of patent quality, with its first chat having debuted in June of 2015. This regular webinar gives the public a chance to stay updated, give feedback, and bring their concerns regarding the EPQI.

November’s upcoming webinar will be the last for the year, hosted by Deputy Commissioner for Patent Quality Valencia Wallace and Senior Advisor Sandie Spyrou.

Topics for the November Enhanced Patent Quality Initiative Webinar

Join in on the last webinar of the year and give your feedback on how the USPTO is doing.

 

Patent quality discussion series at NCCU School of Law

Patent Quality Discussion in Durham

This November, the USPTO will be holding an event in our own backyard of Durham, North Carolina.

Building on the changes set forth by the America Invents Act (AIA), the USPTO has created several initiatives aimed at reducing the patent backlog and waiting times.

The Patent Quality Discussion Series is part of one such initiative, the Enhanced Patent Quality Initiative aimed at building more public trust and confidence in the patent system, in part by making the system understandable and usable by all prospective inventors.

This event is open to the general public in addition to bar members and the local patent community. Attendees of all backgrounds are encouraged to come learn and share their experiences and ideas regarding the patent process.

See the official event page for a detailed schedule.

Patent Quality Discussion Series – Durham

Proudly Sponsoring the 2015 BIO IPCC Conference

JWTH is proud to sponsor the upcoming Fall-2015 BIO Intellectual Property Counsels Committee (IPCC) Conference in Raleigh / Cary.

The aim of the BIO IPCC Conference is to offer biotech professionals educational sessions on the latest issues in the biotech IP sector with practical information that can be put into practice the next day.  In between, there are informal networking events designed to promote discussion and foster relationships among industry colleagues.

We look forward to meeting with both biotechnology and fellow IP professionals. We hope to have the chance to help inform professionals in the biotech industry how to best protect their hard work.

See more details on the event and how to sign up below:

 

Advancing International Patent Protection

Director of the USPTO, Michelle Lee, who recently signed 3 MoU to advance international patent protection.

USPTO Director & Under Secretary of Commerce for Intellectual Property, Michelle Lee.

A USPTO delegation led by Michelle Lee – Director of the USPTO – convened in Geneva, Switzerland last week at an annual governance meeting of the World Intellectual Property Organization.

While there, Ms. Lee signed three separate Memorandums of Understanding with the:

  1. European Patent Office (EPO)
  2. Intellectual Property Office of Singapore (IPOS)
  3. Intellectual Property Office of the Philippines (IPOP)

Regarding the agreements, Ms. Lee stated:

“These three Memorandums of Understanding mark a significant milestone of achievement in patent cooperation between our offices. They will promote consistency in practices and spur greater innovation.”

Overall, this is a positive step forward for international patent protection, easing the process of protecting clients’ domestic patents abroad.

For more details on this development, see the full press release from the USPTO.

 

AIA Trial Rules Discussed During Webinars

PTAB to Discuss AIA Trial Rules Oct 1st

During the next Boardside Chat from the Patent Trial and Appeal Board (PTAB) occurring on October 1, 2015, there will be discussion and coverage of the recently published proposed AIA trial rules. The discussion will be open to viewers through a webinar:

  • Date: October 1st, 2015
  • Time: 12:00 PM EST
  • Duration: 1 hour
  • Webinar Access Link

The Chat will open with Lead Judge Susan Mitchell walking viewers through the details of the proposed AIA trial rules changes.

Following the walk-through will be a discussion between Lead Judge Mike Tierney and Lead Judge Tom Gianetti regarding their background, rationale, and implications.

At the end of the webinar, attendees will be able to ask questions and make comments.

AIPLA Follow-Up AIA Trial Rules Webinar

A companion webinar from the American Intellectual Property Law Association (AIPLA) will occur on October 6, 2015. This webinar will cover the proposed changes from the perspective of law practitioners. There will be a panel comprised of:

 

The panel will provide a fulsome discussion of the second package of proposed rule changes including strategies and practice tips for practitioners as the rules are implemented.

 

Jeff Wilson Earns 2015 Corporate LiveWire Legal Award

We are proud to announce that Jeff Wilson has won another industry award for outstanding service. Jeff was announced as the 2015 winner of Corporate LiveWire’s “Most Outstanding Patent & Trademark Lawyer” in North Carolina. This will be added to the list of several recognitions Jeff has received for his work over the years.

Thank you to our clients for the nomination and support of one of our most prestigious partners.

Read more about the Corporate LiveWire Legal Awards.

United States and Brazil Release Joint Statement on Patent Work Sharing

Shira Perlmutter of the United States Patent Office posted a news article regarding the recent signing of a Joint Statement on Patent Work Sharing between Commerce Secretary Penny Pritzker and Brazilian Minister of Development, Industry & Foreign Trade (MDIC) Armando Monteiro.

The Joint Statement declares:

The patent offices of the two Governments intend to commence cooperative activities, on or after the date of signature of this Joint Statement, including the implementation of a mutually beneficial work-sharing pilot program that facilitates the examination of patent applications that are commonly filed in the United States and Brazil.

This is exciting news for both the private sector and both countries’ patent offices. Work-sharing has numerous benefits for both parties, including:

  • Reduces cost of obtaining patent protection
  • Helps facilitate the patent process
  • Reduces the backload of patent applications by increasing efficiency
  • Boost economic growth of both countries through reduced costs and wait times in the patent process.

The Joint Statement was praised in a recent Joint Communique between President Barack Obama and President Dilma Rousseff of Brazil. Both of these actions seem to point towards improved and strengthened economic relations between the United States and Brazil. We look forward to seeing these plans come into fruition.

joint statement patent works sharing united states brazil

President Barack Obama and President Dilma Rousseff during her working visit to the United States June 29-30, 2015

USPTO to Offer Expedited Patent Appeal Pilot Program

The United States Patent and Trademark Office (USPTO) released a brief on new pilot programs being introduced with the goal of decreasing the wait time for a ruling on an ex parte appeal by the Patent Trial and Appeal Board (PTAB).

A few highlights of the announcement:

  • The creation of the Expedited Patent Appeal Pilot Program, wherein appellants with multiple ex parte appeals may reduce the wait time to review for one appeal in exchange for withdrawing another.
  • The goal of this pilot program is to reduce the average wait time from 30 months to 6 months.
  • The inception of a new Law Clerk Fellowship Pilot Program.
  • The USPTO will soon release additional new initiatives with the goal of reducing the backlog of ex parte appeals.

Read the official announcement of the Expedited Patent Appeal Pilot Program and visit program’s official page to learn more and participate.

 

Join us at the AUTM 2015 Eastern Region Meeting

We are pleased to be a strong sponsor of this year’s AUTM 2015 Eastern Region Meeting.

The Association of University Technology Matters (AUTM) is an organization dedicated to support and advance academic research and technologies, allowing them to reach more people for societal good.

We are proud of our long history of partnership with universities, and look forward to the opportunity to help those in both business and academia best utilize their technologies, products, and ideas.

Learn more about the AUTM 2015 Meeting, and join us this August in Raleigh:

When: August 31 – Sept 1

Where: Raleigh Marriott City Center
Raleigh, North Carolina

About the Event: Attendees will gather to discuss best practices and strategies for industry-academia partnerships that culminate in successful product commercialization through company formation or licensing and other agreements.

You may register online, through mail, or by fax.