Diminishing Success Rate in Successive Office Action Responses

Before engaging with a client in a new patent application I make a point of reviewing the overall grant rate statistics. Typically, the acceptance rate for patent applications in the United States hovers right around 50%. In 2020, the grant rate was 53% meaning that nearly half of the patent applications submitted never resulted in a patent.

While the odds may be slightly in an applicant’s favor, it is important to understand that the battle for a patent is an uphill one from the start. During prosecution, an applicant may receive a number of rejections. In my experience, most examiners are not willing to grant a patent after a response to a second office action. This article and graphic seem to arrive at the same conclusion.

Click here for article and graph outlining the success rate of successive responses to rejections by the USPTO.

Producers of Better Call Saul Sued for Trade Dress and Trademark Infringement

Liberty Tax Services recently filed suit against AMC Networks and Sony Pictures, claiming that the disreputable “Sweet Liberty Tax Services,” portrayed in the series, infringed the company’s trademark and trade dress. The suit alleges “dilution, defamation, disparagement, and injurious falsehoods” based on the unflattering light in which the fictional business was portrayed.

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USPTO Spoofing Scam - Beware!

Recently USPTO Trademark applicants have been receiving calls from scammers claiming to be from the USPTO. The call identifier may note “USPTO”; however, these calls are being spoofed. Generally speaking, you will not receive a call from the USPTO unless you are a pro se applicant and have a trademark that is currently in the prosecution phase. In such a case, the caller will identify the application and their name which should correspond to the application under examination and they will never ask for money or personal information. You should hang up if you receive such a call and contact the examiner directly if you are in doubt.

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