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New USPTO Guidance Describes Patent Eligibility for Inventions That Use AI

The United States Patent and Trademark Office (USPTO) has issued a new guidance document that is intended to help identify when a process or system that uses artificial intelligence (AI) tools may be eligible for patenting. ...more

How long does U.S. patent and trademark prosecution take? (2022 edition)

Each year, IP Spotlight updates our readers who often ask: how long does it take for a patent or trademark registration to grant? In previous years, we’ve done that by reviewing the USPTO’s annual Performance and...more

Patent Pending in Canada? Do This Now to Avoid Higher Costs Later.

Canada is considering changes to its Patent Rules that could significantly increase costs to patent applicants whose applications are waiting for review by the Canadian Intellectual Property Office (CIPO). However, in many...more

How long does U.S. patent and trademark prosecution take? (2021 edition)

The USPTO recently released its FY 2021 Performance and Accountability Report, which contains detailed information about allowance rates, average pendency, and other statistics about its review of patent and trademark...more

How Long Does A U.S. Patent Or Trademark Application Take To Grant? (2020 Edition)

The USPTO recently released its FY2020 Performance and Accountability Report, with contains helpful information about allowance rates, average pendency, and other statistics about its review of patent and trademark...more

USPTO Launches COVID-19 Prioritized Patent Application Examination Pilot

After offering to expedite review of trademark applications for COVID-19 products and services, the USPTO has now launched a prioritized examination pilot program for certain patent applications “that claim products or...more

Large Entity, Small Entity Or Micro-Entity: Which Type Of Patent Applicant Are You?

When applying for a patent application, certain entities are entitled to reduced USPTO filing fees. Applicants who qualify for small entity status can reduce many USPTO fees by 50%. Applicants who are micro entities can...more

USPTO Provides Limited Patent And Trademark Deadline Extensions Under The CARES Act-UPDATED June, 2020

The newly enacted Coronavirus Aid, Relief and Economic Security (CARES) Act provides applicants for U.S. patents and trademarks the opportunity to obtain temporary relief from certain deadlines as an increasing number of...more

How Long Does It Take To Receive A Patent Or Trademark Registration In The U.S.? (2019 Update)

The USPTO recently released its FY2019 Performance and Accountability Report, with contains helpful information about allowance rates, average pendency, and other statistics about its review of patent and trademark...more

Using Invention To Provide Service Prior To Patent Filing Can Trigger On-Sale Bar

Using an invention to provide a service before filing the patent application can trigger the on-sale bar to patentability, according to a recent decision from the U.S. Court of Appeals for the Federal Circuit. The court’s...more

Confidential Sales Before Filing Patent Application Can Waive Patent Rights

U.S. patent law states that any invention that was “on sale in this country, more than one year prior to the date of the application for patent” is not eligible for patent protection. The Supreme Court recently confirmed...more

How Long Does It Take To Get A Patent Or Trademark? (2018 Update)

At the end of each fiscal year, the USPTO releases a Performance and Accountability Report, with statistics about patent and trademark allowance rates, average pendency, and other details. The USPTO recently released its...more

Are Invention Disclosure Documents Protected By Attorney-Client Privilege?

A common first step in the patent filing process is the completion of an invention disclosure form. The form asks the inventors to provide basic details about the invention, including who invented it, what problem does the...more

Why Do Patents Often Include Method Claims And Apparatus Claims?

When I send a draft patent application to an inventor who is new to the patent process, the inventor often asks why the claims seem to repeat themselves. A patent application often has one group of claims directed to a...more

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