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

Generalized Common Sense Allegations Cannot Be Used to Supply Important Missing Claim Limitation

Addressing the use of common sense for an obviousness analysis, the US Court of Appeals for the Federal Circuit held that conclusory statements about common sense cannot be used to supply missing claim limitations that play a...more

Craft Beer Trademarks (Part 2)

In Part 1 we noted the growth in the craft beer industry in Canada and the U.S., and how this has spawned some interesting trademark disputes. The case of Brooklyn Brewery Corp. v. Black Ops Brewing, Inc. (January 7,...more

Trademarks in Telemark: Five Brands and Other Things to Look For at PTMG in Oslo

I am excited to be traveling to Norway next week to attend my first conference of the Pharmaceutical Trade Marks Group in Oslo. Not having been to PTMG before, I can’t offer much insight on the conference, but since I lived...more

Clinton vs. Trump: How the U.S. Presidential Election Could Impact IP Law

A great deal has been made of the distinct policy differences between Democratic Presidential Nominee Hillary Clinton and Republican Nominee Donald Trump in such areas as immigration, national defense, crime and taxation. But...more

More Lessons From McRo

My previous blog on McRo focused on the direct aspects of the decision, but there are other excellent points that the court makes and that can be derived from the opinion, and that should play an important role in how the...more

Federal Circuit Provides Additional Support to Software Patents

The federal circuit recently reversed a decision in McRO, Inc. v. DBA Planet Blue that asserted claims in patents at issue, relating to a method for automatically animating lip synchronization and facial expression of...more

Korea Quarterly - September 2016

Controlling Costs in International Arbitration - Arbitration is an efficient means for resolving business disputes because it offers more flexibility than court proceedings and enables the parties to choose arbitrators...more

Yeda Research and Development Co. v. Abbott GmbH & Co. (Fed. Cir. 2016)

Before the Supreme Court's recent forays into the topic of subject matter eligibility in patent law, the most contentious line of cases (from the Federal Circuit) concerned the written description requirement of Section 112. ...more

Trademarks, Service Marks, and Trade Dress: Key Facts and Pitfalls to Avoid

1. The Difference Between a Trademark, Service Mark, and Trade Dress. A trademark is any word, term, phase, symbol, logo, design, shape, tag line, background, color, scent, sound, device, or combination thereof that...more

Trade Dress Claim Based on Shoe’s Rectangular Metal Toe Plate Booted by SDNY

The Southern District of New York recently booted shoe manufacturer LVL XIII Brands, Inc.’s trade dress infringement suit against Louis Vuitton Malletier S.A. in LVL XIII Brands, Inc. v. Louis Vuitton Malletier S.A.. At issue...more

Federal Circuit Overturns PTAB Denial of Motion to Amend Claims in IPR Proceeding

Veritas Technologies LLC v. Veeam Software Corp., No. 2015-1894 (Fed. Cir. Aug. 30, 2016). On recurring controversy in AIA trials is the difficulty patent owners face meeting the PTAB’s strict requirements for amending...more

Protecting a Precious Asset - Your Trademarks (or Your Brands): Part Three in Our Series

In our last article, we explained trademark filings for showing continuous use of a mark. This third article in our trademark series explains renewal applications and practical suggestions for the trademark owner to avoid...more

Supplemental Register Gets Nod from Trademark Trial & Appeal Board

On September 8, the Trademark Trial and Appeal Board lent support to the strength of a registration on the Supplemental Register, indicating that it is worthwhile to pursue federal registration, even if that means your mark...more

USPTO Announces Changes to EFS-Web Payments for Deposit Accounts and EFTs

In a Patent Alert email distributed earlier today, the U.S. Patent and Trademark Office announced that beginning on Monday, October 17, 2016, EFS-Web users who wish to use a deposit account or electronic funds transfer...more

Federal Circuit is In Sync with Patent’s Validity Under Section 101

The Federal Circuit overturned a District Court ruling that a patent directed to automated lip synchronization and manipulation of animated characters’ facial expressions was invalid under Section 101 as being an abstract...more

Federal Circuit: Go whole-hog on validity below if you want to contest an independent determination of invalidity on appeal

Think you’ve won on validity at the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB) and your claims are safe on appeal? “Not so fast,” says the Federal Circuit in Software Rights Archive, LLC v....more

Federal Circuit Determines Lip-Sync Animation Software is Patent Eligible, and Not An “Abstract Idea”

On September 13, 2016, the Federal Circuit issued a decision in McRO, Inc. v. Bandai Namco Games America, that provides a favorable decision applicants and patentees can cite in seeking to obtain and defend claims directed...more

McRo: Preemption Matters After All

The Federal Circuit has released its long-awaited opinion in McRo v. Bandai, reversing the lower court’s decision that the claims were ineligible subject matter. McRo’s invention in U.S. 6,307,576 was a method used in 3D...more

A New Business Model: The IPR Troll

In my last post, I discussed new proceedings under the America Invents Act (AIA) of 2012 which a company can use to challenge third party patents. One of the more popular of these procedures is the Inter Partes Review (IPR)....more

Is the Technology for Self-Driving Cars Patent-Eligible?

It sounds like a silly question, doesn’t it? After all, self-driving cars represent innovative progress in technology, and patents are intended “to promote the progress of science and useful arts, by securing for limited...more

USPTO News Briefs - September 2016

USPTO Announces Interim Authentication Method for EFS-Web and Private PAIR - On September 13, the U.S. Patent and Trademark Office announced via a Patent Alert e-mail that a new authentication option for EFS-Web and...more

CIMZIA Does Not Infringe Yeda’s Monoclonal Antibody Patent

In UCB, Inc. v. Yeda Research and Development Co., the Federal Circuit affirmed the determination by the District Court for the Eastern District of Virginia that UCB, Inc.’s Cimzia® (certolizumab pegol), a biologic medicine...more

USPTO Issues Notice of Roundtable and Request for Comments on Importing Prior Art Automatically and Streamlining Patent Issuance

Last month, the U.S. Patent and Trademark Office published a notice in the Federal Register (81 Fed. Reg. 59197) requesting written comments regarding two issues: (1) how the Office can better leverage other applications...more

Post-Prosecution Pilot Program: File yours while you still can

During its August Patent Quality Chat, the USPTO discussed the recently launched Patent Prosecution Pilot Program (P3). The P3 program is a hybrid of the After-final Consideration Pilot (AFCP 2.0), which has been available...more

Supplemental Examination: Potential Benefits vs. Guaranteed Risks

The America Invents Act of 2011 introduced supplemental examination of patents as a post-grant process intended to limit expensive and unpredictable inequitable conduct litigation and improve patent quality. As codified, 35...more

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