This column highlights some of the more notable recent internet notices, newsletters and blogs dealing with IP prosecution issues.

IPWatchdog – a patents and patent law blog

  • An April 28, 2014 article discusses the patent application backlog at the USPTO
  • The April 29, 2014 post by Gene Quinn reported on the two recent Supreme Court decisions on 35 U.S.C. § 285 attorneys fees: Octane Fitness, LLC v. ICON Health & Fitness, Inc. and Highmark, Inc. v. Allcare Health Management System, Inc.

Patent Docs – A Patent Blog  –

  • An April 29, 2014 post by Andrew Williams took a closer look at the “exceptional case” standard described in Octane Fitness.
  • On May 1, 2014 a post discussed Sherry Knowles’ detailed critique of the USPTO’s guidelines for examination under Section 101 of the Patent Act in view of the Supreme Court’s opinions in Mayo v. Prometheus and AMP v. Myriad Genetics.

Patently-O – a blog written by Dennis Crouch –

  • On April 2, 2014, Professor Megan La Belle offered a guest post on patent infringement demand letters, declaratory judgment actions, and personal jurisdiction.
  • Bernard Chao’s guest post on April 10, 2014 offers a proposal to require recordings of patent examiner interviews to increase transparency to support later claim construction proceedings.
  • In the April 15, 2014 post, data is displayed for patents revived following late payments of maintenance fees, indicating an unexplained steep decline beginning in 2011.

USPTO – the PTO’s website –

  • In the April 22, 2014 Official Gazette the USPTO explained the June 2, 2014 launch of the new glossary pilot program to promote clarity for software-related patent applications. Participation in the program requires an applicant to provide a glossary section in the specification to define terms used in the claims. In exchange for providing the glossary, the applicant gets expedited processing, placement in the examiner’s special docket and special status until you get a first office action. The pilot program is set to last for only six months and will end early if the Patent Office accepts 200 grantable petitions.
  • On April 30, 2014 the USPTO issued the April 2014 Trademark Manual of Examining Procedure (TMEP).

AIPLA – the profession’s national organization – see 

  • AIPLA’s Spring Meeting happens May 15-17, 2014 in Philadelphia, Pennsylvania.

Miscellaneous –

  • Annual Los Angeles Intellectual Property Law Association’s (LAIPLA) annual spring seminar is June 6-8, 2014 at Ojai Valley Inn and Spa. Info at
  • The Chisum Patent Academy holds upcoming patent law seminars on August 13-15, 2014 (Seattle, Washington); and August 18-20, 2014 (Seattle, Washington). There are a  possible 18 CLE credits for these seminars. The Cincinnati seminar will include active  inducement, method and system claims, joint infringement, injunctive relief, patent malpractice, and more. More info at

For more information about any of the patent topics mentioned consult Patent Application Practice. Trademark topics are discussed in Trademark Registration Practice. Both are published by West and updated twice a year. For litigation questions, contact Fred Douglas at 949/293-0442 or by email at