Trends in First Action Pendency at the USPTO As many may be familiar with, in recent years trademark pendency times at the USPTO have rapidly increased, with the average first action pendency time in Q1-Q4 of 2023 reaching over 8 months. The USPTO attributes this increase in pendency times primarily to the fact that it […] The USPTO will publish a notice in the Federal Register on October 1, 2024, stating that it will no longer accept AFCP 2.0 requests after December 14, 2024. The current AFCP program (AFCP 2.0) was adopted in May of 2013. The AFCP program is an attempt to reduce the number of requests for continued examination […] The U.S. Court of Appeals for the Federal Circuit (Federal Circuit) recently issued a decision interpreting one of the exception provisions in AIA U.S.C. § 102(b), namely subsection (b)(2)(B). Sanho Corp. v. Kaijet Tech. Int’l, 108 F.4th 1376 (Fed. Cir. 2024). The patentee in Sanho Corp. sought to disqualify a U.S. Patent Application Publication to […] The filing and recordation of an unnecessary terminal disclaimer has been characterized as an “unhappy circumstance” (MPEP 1490, citing In re Jentoft, 392 F.2d 633, 639 n.6 (CCPA 1968)). In an apparently “not significant” regulatory action, the USPTO is proposing a noteworthy change to terminal disclaimer requirements. 89 Fed. Reg. 40439-49 (May 10, 2024). The change […] Tim Maier was recently recognized based on peer review by Washington D.C.’s Top Lawyers Washington DC 2024 Edition. A Perspective on USPTO Rulemaking Following In re Chestek, by Maier & Maier partner Robert Bahr, has been published on IP Watchdog. The article discusses the notice-and-comment rulemaking procedures practiced by the USPTO and the impact of the recent Federal Circuit decision in In re Chestek. You can read the full article here. Managing IP has published an article highlighting the addition of key former government officials to three top tier firms, including Finnegan, Maier & Maier, and O’Melveny. To read the article, click here. Among the bases for patent term adjustment in section 154(b) is “appellate review by the Patent Trial and Appeal Board or by a Federal court in a case in which the patent was issued under a decision in the review reversing an adverse determination of patentability” (clause (iii) of section 154(b)(1)(C)). Section 154(b)(1)(C) or the […] Maier & Maier PLLC is proud to announce its newest addition to the firm, Robert Bahr. Mr. Bahr joins Stephen Kunin as the second Maier & Maier Partner to have previously held the prestigious position of Deputy Commissioner for Patent Examination Policy at the United States Patent and Trademark Office(USPTO). Mr. Bahr enjoyed a long and […] Maier & Maier partner, Stephen Kunin, was featured in IPWatchdog.com’s post highlighting New Year wishes from top IP practitioners. Mr. Kunin’s New Year’s wish stated: “I would be pleasantly surprised and thrilled if Congress can resolve the patent subject matter eligibility problems that have been created by the Supreme Court and Federal Circuit. At this point […]