Category Archives: PTAB

PTO Proposes to Change Claim Construction Standard Used by PTAB

On May 9th, the USPTO released a short “Notice of proposed rulemaking” entitled “Changes to the Claim Construction Standard for Interpreting Claims in Trial Proceedings Before the Patent Trial and Appeal Board.”  In brief the Notice proposes to replace the broadest … Continue reading

Posted in Claim Construction, PTAB, USPTO Practice and Policy | Tagged , , , | 1 Comment

Ex Parte Buck: Can a Composition Claim be a Natural Phenomenon?

In a recent decision, Ex Parte Buck, Appeal no. 2017-005470 (PTAB, April 20, 2018), the Board affirmed the examiner’s ruling that a composition claim reciting two natural products was patent-ineligible as an attempt to claim a natural phenomenon: 7. A … Continue reading

Posted in Alice, PTAB | Tagged , , , , | 1 Comment

Supreme Court Decides Oil States – Inter Partes Review Does Not Violate Article III or the 7th Amendment

The Supreme Court issued its long-awaited opinion in Oil States Energy Services v. Greene’s Energy Group, Appeal No. 16-712 (April 24, 2018), holding 7/2 that inter parties review was an appropriate exercise of the power of Congress to assign adjudication … Continue reading

Posted in Alice, Federal Court, Patent Reform Legislation, Post-Grant Issues, Post-issuance procedures, PTAB | Tagged , , , , | 1 Comment

PTAB Changes Begin To Help Inventors

This is a guest post from Russ Slifer and was originally posted on Law360. The past year has seen significant changes to all practice areas before the U.S. Patent Trial and Appeal Board. Many of these changes are positive for patent owners, … Continue reading

Posted in Post-Grant Issues, PTAB | Leave a comment