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 -
News & Analysis as of

USPTO Publishes Business Method Subject Matter Eligibility Examples: Part II

As discussed in a previous article, the U.S. Patent and Trademark Office recently published new subject matter eligibility examples directed to the abstract idea exception to patentability under 35 U.S.C. § 101. These...more

USPTO Publishes Business Method Subject Matter Eligibility Examples: Part I

About a week before the holidays, the U.S. Patent and Trademark Office quietly published a trio of new subject matter eligibility examples directed to the abstract idea exception to patentability. These are the latest in a...more

Federal Circuit Requires Standing to Appeal PTAB’s Final Decisions

Although arguably foreshadowed, some may be surprised to learn that a party with the right to challenge the validity of a patent at the United States Patent and Trademark Office (“USPTO”) may not have the right to appeal an...more

Federal Circuit Requires Standing To Appeal An IPR Decision

In the case of Phygenix, Inc. v. ImmunoGen, Inc., the Court of Appeals for the Federal Circuit (CAFC) held that the petitioner (Phygenix) that had unsuccessfully challenged certain claims of ImmunoGen’s U.S. Patent No....more

Issue One: Keeping Tabs on the PTAB

The availability of post-grant proceedings at the Patent Trial and Appeal Board (PTAB) has changed the face of patent litigation. This monthly digest is designed to keep you up-to-date by highlighting interesting PTAB,...more

Trademark Solicitation Scams

Last month the United States Patent and Trademark Office (“the Office”) announced its cooperation in a Department of Justice investigation into a trademark scam perpetrated by two California men that defrauded about 4,446...more

Making Tequila and Pisco Shots Safe From Confusion

The United States Patent and Trademark Office, Trademark Trial and Appeal Board (the “Board”) cancelled the registration for the mark PORTÓN last week, finding it to be confusingly similar to the senior mark PATRÓN. Patrón...more

A Family Victory! Victory! Just Not for Little Caesars

The United States Patent and Trademark Office, Trademark Trial and Appeal Board (the “Board”) modified its treatment of the “family of trademarks” doctrine in the recent case In re LC Trademarks, Inc., Serial No. 85890412...more

CBM Review Standard

Whether a patent qualifies for a CBM review has been a moving target. Early decisions held that the claims do not need to be directed to a “financial product or service,” since a reference in the specification to a financial...more

Covered Business Methods Patents — Not So Broad!

The Federal Circuit Court of Appeals has reminded the Patent Trial and Appeal Board of the U.S. Patent and Trademark Office in no uncertain terms that covered business method review has limits. In Unwired Planet, LLC v....more

Full Federal Circuit to Decide Whether Some Institution Decisions are Reviewable

On January 4, 2017, the Federal Circuit granted a motion for en banc rehearing in Wi-Fi One LLC v. Broadcom Corp., No. 2015-1944. In the original Wi-Fi One decision, the court held that, due to binding precedent, it could...more

Beacon Navigation GmbH v. Ford Motor Company

Case Name: Beacon Navigation GmbH v. Ford Motor Company - Docket Number: 2:13-cv-11381-PJD-MAR - Date Filed: 3/28/2013 - Judge: Hon. Victoria A. Roberts - Status: Stayed 01/07/2016 - On March 28, 2013, Beacon...more

Top 5 Patent Red Flags in Life Sciences Due Diligence

Since IP represents 75 to 90% of the value of life science transactions, due diligence is a critical component of the valuation process....more

Gust, Inc. v. Alphacap Ventures, LLC (S.D.N.Y. 2016); O2 Media, LLC v. Narrative Science Inc. (N.D. Ill. 2017)

The Supreme Court's 2014 Alice Corp. Pty. Ltd. v. CLS Bank Int'l decision requires the application of a two-part test to determine whether claims are directed to patent-eligible subject matter. One must first determine...more

District Court Denies Motion to Stay Pending Ex Parte Reexamination Where Defendant Did Not Pursue Inter Partes Review

After filing an ex parte reexamination with the Patent Office, the defendant filed a motion to stay the action pending the ex parte reexamination. In analyzing the request to stay the action, the district court noted...more

Phish Snared in Trademark Office’s Net Due to Phan Products

Ask any fan of the American improvisatory rock band Phish to explain the significance of the following pattern and you will invariably receive the same answer:         It’s of course the pattern of drummer Jon...more

Smart Cannabis Businesses are Staking a Claim to Their Intellectual Property

Yes, cannabis is still listed as a Schedule 1 Controlled Substance; and yes, the United States Patent and Trademark Office (USPTO) will not register trademarks for cannabis strains. But there are still a number of creative...more

Federal Circuit Clarifies Descriptiveness Standard in Overturning ‘Dotblog’ Trademark Refusal

It’s not uncommon for internet-based services to utilize names referencing their online presence, much like it is not uncommon for the monikers of app-based services to refer to their mobile format. But at what point does a...more

Year in Review: The Most Popular Blog Posts of 2016

As 2017 begins and IP strategies are being developed for the new year, it is a good time to reflect on what IP issues were prominent in 2016. According to the many readers of Global IP Matters, hot topics included navigating...more

Trademark Red Tape: Comeuppance For Trademark Con-Artists

January 2017 - Happy holidays and welcome to the 2017 New Year edition of Trademark Red Tape, our periodic round-up of trademark news and happenings at the United States Patent & Trademark Office. Here are the...more

Federal Circuit to Reconsider Appealability of Time-Bar Determinations in Institution Decisions

On January 4, 2017, the Federal Circuit agreed to reconsider en banc a panel decision in Wi-Fi One, LLC v. Broadcom Corp., 837 F.3d 1329 (Fed. Cir. 2016), which held that a patent owner cannot appeal a determination by the...more

Top Five Stories of 2016

After reflecting upon the events of the past twelve months, Patent Docs presents its tenth annual list of top patent stories. For 2016, we identified twenty stories that were covered on Patent Docs last year that we believe...more

In re Van Os (Fed. Cir. 2017)

"Intuitive" to Combine Insufficient to Support Obviousness Rejection - The Federal Circuit recently issued a decision in an appeal from the U.S. Patent and Trademark Office Patent Trial and Appeal Board in a case...more

Trademark Office warns about deceptive trademark-related solicitations

The recent focus on fake news should remind trademark owners of the special care they need to take with communications about their trademark applications....more

Craft brewery startups: Early stage IP considerations

By all accounts, as we head into 2017, the craft beer industry will continue to experience tremendous growth. This is due to primarily to increasing consumer demand. Also, favorable legislation in some states should help fuel...more

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