February 15, 2018
The USPTO has issued a revised fee schedule which will go into effect on January 16, 2018.
The two year window for participating in the PCT Collaborative Search and Examination (CS&E) Pilot Program opened on July 1, 2018. The PCT CS&E Pilot Program allows PCT applicants to obtain search and written opinion contributions from the five participating IP5 Offices during the international phase.
The U.S. Supreme Court continues to be active in patent cases.
The new Director of the USPTO, Andrei Iancu, was sworn in on February 23, 2018. While it awaited new leadership at the USPTO, the patent community may have wondered what direction the USPTO was headed. Nearly two months into his tenure, it seems clear that that Director Iancu is pro patent and favors a strong patent system the will promote the U.S. economy.
On June 22, 2018, the U.S. Supreme Court issued a decision in WesternGeco LLC v. ION Geophysical Corp., a patent case involving the recovery of foreign lost profits damages.
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January 11, 2018
On April 24, 2018, the U.S. Supreme Court issued decisions in two patent cases specifically related to inter partes review (IPR) proceedings under the America Invents Act (AIA) of 2011.
On November 1, 2017, the USPTO began the Expanded Collaborative Search Pilot Program (CSP), which is set to run until October 31, 2020.
April 13, 2018
On May 9, 2018, the USPTO published a Notice of Proposed Rulemaking (83 Fed. Reg. 21221) regarding the claim construction standard used in AIA trials before the Patent Trial and Appeal Board. The proposed rules would change the claim construction standard from the broadest reasonable interpretation standard to a standard that is the same as that applied in federal district courts and International Trade Commission proceedings.
On March 11, 2018, the United States Patent and Trademark Office unveiled a new cover design for the official physical copy of issued U.S. patents.
February 2, 2018
On August 3, 2018, the Federal Circuit issued a precedential opinion in JTEKT Corporation v. GKN Automotive Ltd. The Federal Circuit found that the appellant JTEKT did not prove an injury sufficient to establish standing to bring an action in an Article III court. Therefore, the Federal Circuit dismissed JTEKT’s appeal to the Federal Circuit of the Patent Trial and Appeal Board’s final written decision regarding claims 2 and 3 of U.S. Patent No. 8,215,440 in IPR2016-00046.
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