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

Federal Circuit Review | April 2015

No Recovery Of Lost Profits From Related Companies’ Activities - In WARSAW ORTHOPEDIC, INC. v. NUVASIVE, INC., Appeal Nos. 2013-1576, -1577, the Federal Circuit held that a company was not entitled to lost profits based...more

Brewing Up Some IP

With so many new microbreweries popping up in Sacramento, the Bay Area, and the Greater San Diego area, I felt compelled to write the present piece for the benefit of the aspiring, as well as the established, microbrew...more

Win or Lose, Trademark Applicants Must Pay PTO Attorney Fees in Appeals to District Court, Fourth Circuit Says

In a 2-1 decision issued on April 23, 2015, the Fourth Circuit held that a trademark applicant who appeals an adverse ex parte decision of the Trademark Trail and Appeal Board (TTAB) to a U.S. District Court must pay the...more

Context and Relationships among Claim Elements in Patents

A claim in a patent application or issued patent should express not only the building blocks of an invention but also the relationships among the building blocks. Understanding and expressing these relationships clearly in a...more

The U.S. Trademark Use Requirement and Associated Risks and Strategies for Chinese Applicants [Video]

I believe there is a misunderstanding as to what we mean when we say "use requirement" or what the trademark office means when they say "use requirement". The trademark use requirement in the United States is not evidence...more

Helping U.S. Patent Applicants Get Speedy Examination

U.S. patent applicants often have an interest in expediting the patent examination process. The desire to speed examination can result from issues related to the availability of an inventor, possible infringing activity by a...more

Does the AIA Have a Prior Art Exception You Can Use?

U.S. patent applications filed after March 16, 2013, when the “First-Inventor-to-File” portion of the America Invents Act (AIA) took effect, have started to be published. Thus, it is a good time for applicants to consider...more

Federal Circuit’s Initial Reaction to Teva

In the nearly three months since the U.S. Supreme Court ruled that subsidiary factual findings in claim construction proceedings must be reviewed for clear error, the U.S. Court of Appeals for the Federal Circuit has decided...more

An In-Depth Look at USPTO Patent Quality Problems

The comment period for the USPTO’s proposed patent quality initiatives is open until May 6, 2015, and the Office of Inspector General for the Commerce Department has given stakeholders plenty to think about in its final...more

Big Green Egg on Hunt for TM Registration

As it turns out, four days after Easter, the USPTO refused registration of the Big Green Egg’s claimed exclusive rights in the shape and color of its popular barbecue smoker and grill... ...more

Joint Defendants Succeed on Motion to Stay Pending Reexam

For defendants in patent infringement cases, moving to stay the case pending the outcome of a concurrent U.S. Patent Office reexamination proceeding is a fairly common building block that has the potential to streamline or...more

USPTO makes changes to AIA post grant proceedings

The U.S. Patent and Trademark Office will be making a series of rule changes to America Invents Act reviews. Some will be effective immediately, others will be implemented in phases. The rule changes are a direct response to...more

USPTO Announces Patents for Humanity Winners

On Monday, the U.S. Patent and Trademark Office announced the latest winners of the Patents for Humanity program. The Patents for Humanity program, which was launched by the Office in February 2012, is a competition...more

Licensees Not Required to Do Due Diligence Where Inventor Falsely Claimed Exclusive Ownership - Yazdianpour v. Safeblood...

Addressing the grant of summary judgment dismissing a fraud claim where the licensee failed to check the U.S. Patent and Trademark Office (PTO) website regarding rumors of the inventor’s previous dealings with another...more

New procedures available for invalidating patents before the USPTO

Business executives have long struggled with whether to defend a patent infringement suit in court, try to settle the dispute for less than the cost/risk of defending it, or seek to deal with the problem patent by requesting...more

Making Your Mark: How to Obtain and Protect a Trademark

A key component of the strategy of almost any business is branding: building a name or logo that consumers associate with your business. The law recognizes that words or symbols that demonstrate a business's commercial...more

Hague Agreement Streamlines Registration of Industrial Designs

On April 2, the U.S. Patent and Trademark Office (USPTO) issued Final Rules to implement the provisions of the Hague Agreement concerning the international registration of industrial designs. The Agreement is effective in the...more

Filing a Design Patent Internationally? New Rules You Need to Know

The U.S. Patent and Trademark Office (USPTO) has published the Final Rules for implementation of the Hague Agreement for the Registration of Industrial Designs (i.e., design patents). They can be found here. Starting May 13,...more

USPTO Issues Performance and Accountability Report for FY 2014

The U.S. Patent and Trademark Office recently released its Performance and Accountability Report for Fiscal Year (FY) 2014. In contrast with last year's report, the 2014 report notes that the Office issued a new strategic...more

US Patent Office Issues Patent No. 9,000,000

When I began my legal career in 2000, we were in the 6 million range for issued patents. Now, nearly 15 years later (with 3 million patents being issued during that time!), we are in 9 million range for issued patents....more

Waiting on Sequenom

As I write this there’s a voice in my head saying, “Be careful what you wish for!” but it has been five months since Sequenom was argued at the Federal Circuit, and the court has yet to issue its decision. In the meantime,...more

USPTO Responds To Criticism By Promising PTAB Rule Changes That Should Benefit Patent Owners

Newly appointed USPTO Director Michelle Lee has responded to public criticism of the post-grant patent review mechanisms provided by the America Invents Act (AIA) by announcing in her blog last week that the government will...more

Creative Interpretation of Abandonment Cannot Save Patent - Hyundai Motor Co. v. American Vehicular Sciences LLC

Addressing a request for adverse judgment by the patent owner, the U.S Patent and Trademark Office’s (USPTO) Patent Trial and Appeal Board (PTAB or Board) denied patent owner’s request, finding that the patent owner...more

Bringing Down the Bauhaus for Trademarks?

We’ve been spilling a lot of digital ink lately on the topic of non-traditional trademark protection and how the functionality doctrine serves as an absolute bar for such protection. As you know, for some time, we’ve...more

Board to Parties: “Call Me” - FLIR Systems, Inc. v. Leak Surveys, Inc.

In an order issued after a post-conference call order, the U.S. Patent and Trademark Office’s (USPTO) Patent Trial and Appeal Board (PTAB or Board) denied patent owner’s request to file a motion seeking sanctions, suggesting...more

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