Patents Trade Marks
United States Patent and Trade Mark Office – Process Update
November 14, 2018
In November of this year, the standard used by the Patent Trial and Appeal Board (PTAB) to interpret challenged patent claims is to change. PTAB is an administrative law body of the United States Patent and Trade Mark Office.
The change is from “broadest reasonable interpretation” to what the “person having ordinary skill in the art” would understand. Any petitions for Inter Partes Review, Post Grant Review and Covered Business Method Proceedings filed on or after 13 November 2018 will fall under this new rule.
Challenged patent claims are: granted patent claims which a party believes should not have been granted; e.g. because of prior art.
Inter Partes Reviews are: trials conducted at the PTAB to review the patentability of one or more claims in a patent on the grounds of lack of novelty or obviousness.
Post Grant Reviews are: trials conducted at the PTAB to review the patentability of one or more claims in a patent on nearly any ground.
Covered Business Method Proceedings are: trials conducted at the PTAB to review the patentability of one or more claims in a covered business method patent. Covered business method patents claim a method or corresponding apparatus for performing data processing or other operations used in the practice, administration, or management of a financial product or service, but is not for a "technological" invention.
What this means
It is speculated that it will be harder for US patents to be challenged in the future.
Swindell & Pearson is a UK based intellectual property firm that has been helping businesses and individuals obtain patent, trade mark, and design right protection for their ideas, innovations and brands for over 135 years. With its head office in Derby, the firm also has offices throughout the Midlands including in Stoke, Wolverhampton and Stafford, as well as an office in Sheffield. To find out how Swindell & Pearson can help you and your business with any patent, trade mark or design right matters please get in touch via [email protected] or by telephone on 01332 367 051.