Peter Brunovskis, PhD
Subscribe to Peter Brunovskis, PhD's PostsPeter Brunovskis, PhD*, has over 20 years of intellectual property (IP) law firm experience in the preparation, prosecution and portfolio management of hundreds of US and foreign patent applications in a variety of fields including biotechnology, pharmaceutical, medical device, polymeric film and material science applications. Peter has extensive experience in the areas of gene therapy, cancer biology, antiviral agents, molecular immunology, vaccines, antibodies, antibody-drug conjugates, chimeric antigen receptors, pharmaceuticals and diagnostics. Read Peter Brunovskis's full bio.
*Non-lawyer professional
AI Takeover: PTO Issues More Patent Eligibility Guidance for AI Inventions
By Peter Brunovskis, PhD on Jul 25, 2024
Posted In Patents, Technology
The US Patent & Trademark Office (PTO) issued a 2024 Guidance Update on Patent Subject Matter Eligibility, Including on Artificial Intelligence, which focuses on subject matter eligibility for artificial intelligence (AI)-based inventions. 89 Fed. Reg. 58128 (July 17, 2024). The new guidance is part of the PTO’s ongoing efforts since 2019 to provide clarity on...
Continue Reading
PTO Asks Whether Legislative Action for Experimental Use Exception Is Warranted
By Peter Brunovskis, PhD on Jul 18, 2024
Posted In Patents
The US Patent & Trademark Office (PTO) issued a request for comments concerning the public’s views on the common law experimental use exception and whether Congress should enact a statutory experimental use exception. 89 Fed. Reg. 53963 (June 28, 2024). The experimental use defense for alleged patent infringement has been part of US jurisprudence for...
Continue Reading
PTO Finalizes Rules Promoting Independence in PTAB Decision-Making
By Peter Brunovskis, PhD on Jun 20, 2024
Posted In Uncategorized
The US Patent & Trademark Office (PTO) announced a final rule concerning pre-issuance internal circulation and review of decisions within the Patent Trial & Appeal Board. The new rules are designed to bolster the independence of administrative patent judge (APJ) panels when issuing decisions and increase transparency regarding Board processes. 89 Fed. Reg. 49808 (June...
Continue Reading
PTO Reopens Comment Period for AI Inventorship Guidance
By Peter Brunovskis, PhD on Jun 13, 2024
Posted In Patents
The US Patent & Trademark Office (PTO) reopened and extended until June 20, 2024, the period for public comment on the guidance regarding inventorship in applications involving artificial intelligence (AI) assisted inventions. The guidance was published on February 13, 2024, at 89 FR 10043. The PTO will also treat as timely any comments received between...
Continue Reading
Patent Thicket Avoidance: PTO Proposes Changes to Terminal Disclaimer Practice
By Peter Brunovskis, PhD on May 23, 2024
Posted In Patents
On May 10, 2024, the US Patent & Trademark Office (PTO) issued a notice of proposed rulemaking (Notice) concerning major changes to the terminal disclaimer (TD) practice, which may lead to a sea change in patent prosecution strategies. The proposed change would require a TD to include an agreement from the patent owner that the...
Continue Reading
Clean Up on Aisle PTAB: Clarification of Discretionary Denial Practice
By Peter Brunovskis, PhD on May 2, 2024
Posted In Patents
The US Patent & Trademark Office (PTO) issued a Notice of Proposed Rulemaking (NPRM) for inter partes review (IPR) and post-grant review (PGR) proceedings before the Patent Trial & Appeal Board, seeking to codify existing precedent and guidance regarding the Board’s discretionary considerations in denying IPR or PGR petitions. 89 Fed. Reg. 28693 (Apr. 19,...
Continue Reading
New Guidance Addresses Use of AI Systems, Tools in Practice Before the PTO
By Peter Brunovskis, PhD on Apr 18, 2024
Posted In Technology
The US Patent & Trademark Office (PTO) issued new guidance on the use of artificial intelligence (AI) tools in practice before the PTO. The new guidance is designed to promote responsible use of AI tools and provide suggestions for protecting practitioners and clients from misuse or harm resulting from their use. This guidance comes on...
Continue Reading
PTO Proposes Trademark Application Filing Changes, Fee Adjustments
By Peter Brunovskis, PhD on Apr 4, 2024
Posted In Trademarks
On March 26, 2024, the US Patent & Trademark Office (PTO) issued a notice of proposed rulemaking in the Federal Register concerning changes to trademark application filings and fee adjustments in trademark cases for 2025. The PTO solicits written comments from the public on the proposed rule changes on or before May 28, 2024. The...
Continue Reading
PTO to Patent Examiners: Make Interpretation of Means-Plus-Function Claims Clear in the Record
By Peter Brunovskis, PhD on Mar 28, 2024
Posted In Patents
On March 18, 2024, the US Patent & Trademark Office (PTO) issued a memorandum to patent examiners addressing means-plus-function and step-plus-function claim limitations and how to clearly articulate, in the prosecution record, the PTO’s interpretation of such claim limitations. The goal of the memorandum is to ensure consistency in connection with the examination of such...
Continue Reading
PTO Seeks Permanent Rules Regarding Motion to Amend Practice Before Board
By Peter Brunovskis, PhD on Mar 14, 2024
Posted In America Invents Act
On March 4, 2024, the US Patent & Trademark Office published a Notice of Proposed Rulemaking seeking to revise its Motion to Amend (MTA) pilot program practice in connection with certain America Invents Act (AIA) proceedings. 89 Fed. Reg. 15531 (Mar. 4, 2024). The PTO set a May 3, 2024, deadline for stakeholders to submit...
Continue Reading
