Amendments to drawings filed after allowance are entered by the USPTO’s Office of Publications. If such an amendment is forwarded to the examiner, the examiner should forward or return the application to the Office of Publications. The examiner should not deny entry of any drawing submission that includes only formal changes.Read more
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP Blogs
Latest from Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Prosecution Pointer 427
The USPTO’s e-Petitions cannot be granted for petitions to revive an abandoned application if:Read more
No More AFCP 2.0!
In a Notice by the U.S. Patent and Trademark office dated October 1, 2024, the USPTO announced that the After Final Consideration Pilot Program 2.0 (AFCP 2.0) will end on December 14, 2024.Read more
Prosecution Pointer 426
An International Application is not a prior application as to the National Stage (they are legally the same application), therefore amended 37 CFR 1.78(a)(2) (Claiming benefit of earlier filing date and cross-references to other applications) does not apply.Read more
Internet Archive’s Digital Lending Library Not Protected by Fair Use, Second Circuit Finds
The Court of Appeals for the Second Circuit found that Internet Archive’s (“IA”) free digital book lending program is not fair use under the Copyright Act. The Court’s three-judge panel unanimously affirmed last year’s district court ruling (discussed in our previous blog post here) finding that the non-profit’s controlled digital lending practice infringed four…
USPTO’s First-Time Filer Expedited Examination Pilot Program
The USPTO’s First-Time Filer Expedited Examination Pilot Program is part of a strategy to encourage more equity and diversity in innovation. The target is inventors new to the patent application process, including those historically geographically and economically excluded.Read more
DMCA Survives Another First Amendment Challenge
The United States Court of Appeals for the District of Columbia Circuit recently issued its decision in Matthew Green v. DOJ, rejecting a First Amendment challenge to section 1201 of the Digital Millenium Copyright Act (“DMCA”). Section 1201 prohibits the circumvention of technological protections on copyrighted works and the distribution of the means to circumvent.…
U.S. Copyright Office Says New Federal Right “Urgently Needed” to Protect Individuals from Unauthorized Deepfakes
The U.S. Copyright Office recently issued a policy report concerning AI-generated images and recordings that impersonate others by mimicking their voice or visual likeness, otherwise known as “deepfakes” or “digital replicas.”Read more
Prosecution Pointer 425
For PCT applications, until international publication (18 months after the priority date), no third party is allowed access to an applicant’s international application unless applicant requests or authorizes it. If applicant wishes to withdraw the application (and applicant does so before international publication), international publication does not take place and, as a consequence, no access…
Prosecution Pointer 424
For PCT applications, as a rule, an international search is carried out for all international applications. There are instances, however, where the International Searching Authority (ISA) will not be able to carry out a search. For example, where the international application relates to subject matter which the ISA is not required to search or if…