A total of about 37% of all § 101 rejections in Technology Center 1600, which handles the bulk of biotech, pharma, and life sciences applications, now cite either Mayo or Myriad. This is bad news for applicants, since only 45.2% of applications with either a Mayo or Myriad rejection ever receive an allowance. However, there are a few firms out there who manage to do remarkably well with Mayo/Myriad rejections despite their generally negative effects on allowance rates.
The top firms in Technology Center 1600 based on number of applications filed, average speed to allowance, average number of office actions, allowance rate, and overall Juristat ranking.
It takes an average of 33 months for an appeal at the USPTO to make it from the notice of appeal stage to a final PTAB decision on the merits, but that is only for the USPTO at large. There a few art unit groups where applicants receive decisions in much less time.
Michelle Lee's resignation as director of the USPTO was abrupt and took the IP world by surprise. As such, her resignation has raised many questions about the future of the USPTO and about American IP policy more generally. In this post, we will examine Michelle Lee’s rise to the top of the USPTO, her tenure there, and a few possible candidates who might be in line to replace her.
Few decisions in the patent law space in the last decade have made as many waves as Alice Corporation Pty. Ltd. V. CLS Bank International, et al., 573 U.S. ___ (2014). Decided on June 19, 2014, the case was a landmark decision that significantly altered the way the courts and the United States Patent and Trademark Office (USPTO) handle software patents. In this publication, we review the Court’s reasoning in the Alice decision, summarize our initial findings from our May 2016 study of the case, explain how lower courts have interpreted the case since its decision, and update our initial findings with new data that examines the case’s effects on applications filed in the post-Alice era.
It's no secret that obtaining a software or e-commerce patent is much harder than it used to be due to the effects of Alice. Overall, only about half of applications that receive an Alice rejection will ever be allowed. However, these firms manage to do quite a bit better than that.
In the absence of guidance from the USPTO about the progress of its After Final Consideration Pilot program, many practitioners have been left wondering whether participation in the program is worthwhile. Luckily for our readers, we don't need to wait for official USPTO statistics to evaluate the success of the program.
If your appeal makes it all the way to a final PTAB decision, settle in for the long haul--it's going to take a while. There are a few firms out there, however, that manage to beat the USPTO average speed to a PTAB decision by several months...
Here at Juristat, we occasionally like to take a step back and take a look at patents in a little more jovial manner, especially around major holidays. We've written about fun Fourth of July patents before, but now we've got a fresh batch of them for 2017. We hope you enjoy some of the fun patents we found, and that you have a safe and happy Fourth of July.
The average win rate at the PTAB is 41.8%, which is quite low. However, your chance of success depends in large part upon which art unit you are appealing from.