As we wrote about recently here, Examiners continue to rely on the USPTO’s current guidance on the definiteness standard set forth by the Court of Appeals for the Federal Circuit (“Federal Circuit”) in In re Maatita, 900 F.3d 1369, 1377 (Fed. Cir. 2018), that ignores the Federal Circuit’s broader instruction—reasonable certainty is all that is required to satisfy the requirements of 35 U.S.C. § 112, not the specific type or quantities of views that the Applicant has chosen to use. Continue Reading Another Step Forward: Further Updates on In re Maatita and Design Definiteness

Two recent decisions by the Patent Trial & Appeal Board (PTAB) highlight the nuances of allowable and impermissible drawing amendments during prosecution of U.S. design patent applications, and provide important guidance to design patent applicants on how to prepare their applications to ensure maximum flexibility during prosecution.
Continue Reading Recent PTAB Guidance on Permissible Drawing Amendments for U.S. Design Applications