News & Analysis as of

United States Patent and Trademark Office

The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.... more +
The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.    less -

Novartis AG, LTS et al. v. Noven Pharmaceuticals, Inc. – Prior Judicial Opinions Don’t Bind the PTAB

After Novartis’ patents were found nonobvious by the Fed. Cir., affirming the Delaware District Court, defendant Noven filed for inter partes review (IPR) of U.S. Pat. Nos. 6316023 and 6335031, on rivastigmine and an...more

Rules and Practice Tips Regarding Official Notice at the U.S. Patent and Trademark Office

What is Official Notice? - MPEP §2103(VI) states that when a rejection is imposed, the “Office action should clearly communicate the findings, conclusions and reasons which support them.” Examiners commonly satisfy this...more

Smelly Trademarks: Requirements for Registering Nontraditional Marks

by SmithAmundsen LLC on

On February 14, 2017, Hasbro filed a U.S. trademark application for its “non-visual Play-Doh scent” trademark for use with toy modeling compounds (U.S. Application Serial Number 87/335,817). Hasbro describes its signature...more

The Patent Prosecution Highway | Brinks Webinar [Video]

by Brinks Gilson & Lione on

In our continuing series, “Peeking Behind the Curtain – Explaining the Inner Workings of the US Patent Office,” we present “The Patent Prosecution Highway.” The webinar will discuss strategies and processes involved in the...more

Fast Track Examination in the U.S. Patent and Trademark Office

Track One Prioritized Examination - Track One examination allows an applicant to pay for prioritized examination and to receive a final disposition usually in less than one year (compared to two to four years for regular...more

Different Burdens of Proof and Different Records Allowed Different Conclusions on Validity by the PTAB and District Court

In Novartis AG v. Noven Pharmaceuticals Inc., Nos. 16-1678, -1679 (Fed. Cir. Apr. 4, 2017), the Federal Circuit affirmed the PTAB’s decisions finding obvious certain patents that were previously found nonobvious in district...more

USPTO Launches PTAB Procedural Reform Initiative

On April 7, 2017, the U.S. Patent and Trademark Office (USPTO) announced it has launched an initiative to develop ways to improve Patent Trial and Appeal Board (PTAB) proceedings, particularly inter partes review proceedings....more

4 Tips to Protect Textile Innovations

Is innovation a key component of your business plan? Will you distinguish yourself with unique product offerings? Whether protecting our men and women in uniform, advancing the treatment of medical conditions, or adding to a...more

Signatories Ask President to Exempt USPTO from Hiring Freeze

In a letter sent to President Trump earlier this month, a group of twenty companies, organizations, and individuals expressed concern about the effect of the President's January 23, 2017 hiring freeze on the U.S. Patent and...more

Federal Circuit Denies SHzoom's Bid to Make Trading Technologies Decision Precedential, But the Case is Still Good Law

by Fenwick & West LLP on

On Wednesday, the Federal Circuit, in a per curiam order, denied SHzoom's motion to make the Trading Technologies opinion precedential. The order of course gave no reasons for the decision. Nonetheless, the underlying...more

USPTO Seeking Potential Reforms to PTAB Proceedings

by Brinks Gilson & Lione on

On April 7, the U.S. Patent and Trademark Office (“USPTO”) announced its PTAB Procedural Reform Initiative. Patent Trial and Appeal Board (“PTAB”) proceedings created under the America Invents Act (“AIA”) have been in...more

University of California/Berkeley Appeals Adverse CRISPR Decision by PTAB

In February, the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office rendered judgment that there was no interference-in-fact between the claims in interference between the Regents of the University...more

Proof of Life: USPTO Ushers in New Audit Power for Proof-of-Use

by BakerHostetler on

Effective earlier this year, recently amended 37 C.F.R. §§ 2.161(h) and 7.37(h) empower the USPTO to require a registrant to submit additional documentation as “reasonably necessary” to prove use of the mark in connection...more

Are the Tides Turning for Motions to Amend Claims in IPR Proceedings?

by Weintraub Tobin on

The Patent Trial and Appeal Board (“PTAB”) has rarely allowed patent owners to replace or modify claims during inter partes review (“IPR”), covered business method review, or post-grant review. In fact, in April 2016 the...more

USPTO Forms Working Group on Regulatory Reform

Last month, the U.S. Patent and Trademark Office posted a notice on its website announcing the formation of a Working Group on Regulatory Reform "to consider, review, and recommend ways that USPTO regulations can be improved,...more

TICK DIFFERENT – But Apparently Not All That Different?

The irony of trademark clearance – even if a trademark espouses a unique message, it may not be all that unique. Swiss watchmaker Swatch AG finds itself embroiled in another trademark dispute with Apple, Inc. – this...more

Distillations: Madonna is Not Impressed

by Fish & Richardson on

Any business marketing a new consumer product wants to give their creation a snappy and memorable name, and craft brewers in particular seem especially fond of names with puns and pop culture references. But wittiness, alas,...more

Federal Circuit Holds that the PTAB and District Courts May Reach Different Conclusions

Recently, the Federal Circuit confirmed that it is permissible for the district courts and the Patent Trial and Appeal Board (PTAB) to reach different conclusions on the validity of challenged patents, even when presented...more

Opportunity May Not Knock Without the Right Door

When seeking particular services, consumers are often drawn into a business based on branding and advertising found near the location – whether by signage on or around the establishment, or by glimpses of the services being...more

High Hopes Dashed -- Challenges in Protecting Trademarks for Marijuana-Related Products and Services

by Partridge Snow & Hahn LLP on

BluHawaii. Purple Kush. Willie’s Reserve. Kiva. California Finest. Altai. Are these the names of new beverages? To the contrary, these are some brand names for competing strains of marijuana. Legalized marijuana sales in...more

Marijuanaville v. Margaritaville: Registering Trademarks For Chemically Induced Mental Paradises

Although marijuana is becoming legal to varying degrees in an increasing number of states, your chances of getting a marijuana trademark registered with the United States Patent and Trademark Office (PTO) are still grim. In...more

En Banc Federal Circuit Considering Whether 1-Year IPR Time Bar Is Appealable

by Jones Day on

As we reported earlier, the Federal Circuit decided in January 2017 to rehear en banc whether the PTAB’s findings regarding 35 U.S.C. § 315(b)’s one year bar can be reviewed on appeal. Wi-Fi One v. Broadcom Corp. The...more

Distillations: A Rum Thing

by Fish & Richardson on

The first time this blogger wrote about the HAVANA CLUB trademark dispute, it was for the November/December issue of World Trademark Review in 2006. Even then, it was a long-running and complicated feud. I wrote at the...more

USPTO Tightens Requirements for Commercial Use of Trademarks

by Carlton Fields on

On March 21, 2017, the USPTO implemented changes to its requirements for continued use of trademarks in commerce that will require some trademark owners to provide additional materials and documentation when they renew their...more

Novartis AG v. Noven Pharmaceuticals Inc. (Fed. Cir. 2017)

In inter partes review proceedings, is the U.S. Patent and Trademark Office's Patent Trial and Appeal Board required to take into account a final district court determination of non-obviousness of the same claims based on the...more

2,063 Results
|
View per page
Page: of 83
Cybersecurity

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
Feedback? Tell us what you think of the new jdsupra.com!