ASLAN LAW

09/30/2024

The USPTO to terminate the After Final Consideration Pilot Program 2.0 on December 15

Based on feedback received from stakeholders on the use of the After Final Consideration Pilot Program 2.0 (AFCP 2.0) and openness to pay or defray USPTO costs affiliated with the program, the USPTO will terminate the AFCP 2.0 after a brief extension to December 14, 2024.

USPTO costs to administer the AFCP 2.0 are significant. On April 3, 2024, the USPTO proposed a new fee for participation in the AFCP 2.0 when setting and adjusting patent fees for fiscal year 2025. The proposed fee would have offset the USPTO’s costs to administer the AFCP 2.0. Feedback on the proposal revealed that the public is not widely receptive to the proposed fee as a condition to continuing the program. The brief extension will provide program users with reasonable time to adjust to the upcoming termination.

The full text of the notice, including more information on the various options still available to applicants for after final consideration once the program ends, can be found at the Federal Register and on the Patent Related Notices webpage.

07/01/2020

USPTO announces Fast-Track Appeals Pilot Program

Today, the USPTO announced plans for the Patent Trial and Appeal Board (PTAB) to begin accepting petitions for expedited resolution of ex parte appeals.

Petition grants for fast-track review of ex parte appeals will initially be limited to a maximum of 500 per fiscal year, or 125 per quarter, for the program’s duration.

For additional information on the Fast-Track Appeals Pilot Program, contact ASLAN LAW and/or see the USPTO’s Federal Register Notice and the PTAB’s webpage on the USPTO website.

05/15/2020

New USPTO Trademark examination guide on cheeses and processed meats.

The USPTO has issued a new examination guide that sets out procedures for examining applications for cheeses and processed meats in which the mark includes geographic wording that does not indicate geographic origin, but otherwise may be a generic designation for such goods.

Feel free to contact ASLAN LAW or the USPTO's website for more details.

05/08/2020

May 8, 2020: The USPTO announced a new COVID-19 Prioritized Examination Pilot Program.

Under this new pilot program, the USPTO will grant requests for prioritized examination to applicants that qualify for small or micro entity status without payment of the typical fees associated with other prioritized examination. In addition, the USPTO will endeavor to reach final disposition of applications in this program within six months if applicants respond promptly to communications from the USPTO.

To qualify for the new program, the claims of an application must cover a product or process that is subject to U.S. Food and Drug Administration (FDA) approval for use in the prevention and/or treatment of COVID-19.

Contact ASLAN LAW or check out the USPTO website for more information.

05/06/2020

Great news: USPTO launches platform to facilitate connections between patent holders and potential licensees in key technologies.

05/02/2020

It was a fun day at ASLAN LAW, we got to see our good friends AND we got to discuss issues in today’s global Intellectual Property economy. Brilliant minds from Brazil, Ecuador, India and Mexico were present (yes, the USA too lol). We look forward to our next Global IP meeting.

04/29/2020

The USPTO has taken the position that Inventorship is limited to natural persons - AI cannot be named as an inventor. See the Decision here.

04/28/2020

Today, the USPTO further extended the time to file certain patent and trademark-related documents and to pay certain required fees, which otherwise would have been due between March 27 and May 31, to June 1, 2020. This is in addition to the prior extension the USPTO had announced on March 31, 2020. Feel free to contact ASLAN LAW or the USPTO's website for more details.

In accordance with the temporary authority provided by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) signed by President Trump on March 27, the United States Patent and Trademark Office (USPTO) today further extended the time to file certain patent and trademark-related document...