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United States Patent and Trademark Office › Public Comment

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 -
Fish & Richardson

Should the Experimental Use Exception Be Broadened?

Fish & Richardson on

On June 28, 2024, the United States Patent and Trademark Office (“USPTO”) requested the public’s views on the current state of the common law experimental use exception to patent infringement and whether legislative action...more

Morgan Lewis

An Expansion to the Experimental Use Exception to Patent Infringement in the Works?

Morgan Lewis on

The US Patent and Trademark Office is requesting public feedback on the current experimental use exception’s impact on technology sectors—and the public’s appetite for expanding the exception....more

Ladas & Parry LLP

Proposed Increases of United States Patent Fees

Ladas & Parry LLP on

On April 3, 2024, the United States Patent and Trademark Office (USPTO) issued a notice of rulemaking setting out the fees that it proposes for the fiscal year starting on September 29, 2024. Although the proposed fees are...more

McDermott Will & Emery

PTO Asks Whether Legislative Action for Experimental Use Exception Is Warranted

McDermott Will & Emery on

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....more

Womble Bond Dickinson

Codifying the Experimental Use Exception? USPTO Seeks Public Input

Womble Bond Dickinson on

The United States Patent and Trademark Office (USPTO) released a Notice on the Federal Register (“the Notice”) today requesting public commentary and input on the current state of the experimental use exception. The USPTO is...more

MoFo Life Sciences

USPTO Seeks Input On Experimental Use Exception To Patent Infringement And Possible Legislative Action

MoFo Life Sciences on

On June 28, 2024, the United States Patent and Trademark Office (USPTO) issued a Notice requesting public comments on the current state of the common law experimental use exception to patent infringement and whether Congress...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

USPTO Seeks Public Comment on the Impact of Artificial Intelligence on Patentability

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

The relentless march of technological progress presents a unique challenge for the intellectual property (IP) landscape. Earlier this year, the United States Patent and Trademark Office (USPTO) issued a Request for Comments...more

McDermott Will & Emery

PTO Reopens Comment Period for AI Inventorship Guidance

McDermott Will & Emery on

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...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

United States Patent and Trademark Office Proposes Changes to Terminal Disclaimer Practice

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

On May 10, 2024, the United States Patent and Trademark Office (“USPTO”) published a notice of proposed rulemaking in the Federal Register that could dramatically impact prosecution practices, especially for those...more

Wilson Sonsini Goodrich & Rosati

USPTO Proposes New Requirement for Terminal Disclaimers That Amounts to a Significant Change from Current Practice

Wilson Sonsini Goodrich & Rosati on

On May 10, 2024, the United States Patent and Trademark Office (USPTO) issued a notice of proposed rulemaking to add a new requirement for terminal disclaimers filed to obviate nonstatutory double patenting rejections to the...more

BakerHostetler

USPTO Requests Public Comments on Patentability in View of AI Advancements

BakerHostetler on

The USPTO published a request for comments (RFC) on April 30th, focusing on how advancements in artificial intelligence (AI) may impact the USPTO’s assessment of patentability governing (i) what may qualify as prior art and...more

Quarles & Brady LLP

RECAP – 17th Annual USPTO Design Day

Quarles & Brady LLP on

A range of recent design cases were discussed, such as Columbia Sportswear North America v. Seirus Innovative Accessories—which narrowed the scope of the Egyptian Goddess test and indicated that logos may be considered in an...more

AEON Law

Patent Poetry: Patent Office Requests Public Comment on AI Prior Art

AEON Law on

The US Patent and Trademark Office (USPTO) has published a request for comment (RFC) on “how AI could affect evaluations of how the level of ordinary skills in the arts are made to determine if an invention is patentable...more

Troutman Pepper

Troutman Pepper Weekly Consumer Financial Services Newsletter - May 2024

Troutman Pepper on

To keep you informed of recent activities, below are several of the most significant federal and state events that have influenced the Consumer Financial Services industry over the past week...more

Jones Day

USPTO Announces Request for Comments: AI's Impact on Prior Art and the PHOSITA

Jones Day on

The USPTO is seeking public input on whether prior art must be authored by humans and how, if at all, AI-generated disclosures should be treated differently from non-AI generated disclosures....more

Wilson Sonsini Goodrich & Rosati

Opportunity for Innovative Companies to Shape U.S. Patent and Trademark Office Initiatives

Wilson Sonsini Goodrich & Rosati on

The United States Patent and Trademark Office (USPTO) is requesting public comment on how they can accelerate and incentivize the commercialization of innovative technologies. Public comments can be submitted via this...more

Quarles & Brady LLP

USPTO Request for Public Comments Regarding the WIPO Design Law Treaty

Quarles & Brady LLP on

Over the past two decades, the World Intellectual Property Organization (WIPO) has been working on a Design Law Treaty focused on aligning examination and procedural guidelines associated with what have historically been...more

WilmerHale

PTAB/USPTO Update - April 2024

WilmerHale on

On March 8, the USPTO joined other intellectual property offices in celebrating International Women’s Day with a theme of “Invest in Women: Accelerate Progress.”...more

McDermott Will & Emery

Not Admitted to PTO Bar? No Problem.

McDermott Will & Emery on

On February 21, 2024, the US Patent & Trademark Office (PTO) issued a Notice of Proposed Rulemaking that would give parties the option to designate a non-registered practitioner as lead counsel in proceedings before the...more

McDermott Will & Emery

PTO Issues Guidance, Request for Comment on AI Inventorship

McDermott Will & Emery on

On February 13, 2024, the US Patent & Trademark Office (PTO) issued a notice with examination guidance and request for comment regarding inventorship in applications involving artificial intelligence (AI)-assisted inventions....more

Jones Day

USPTO Issues New Guidance for Inventions Assisted by Artificial Intelligence: Human Contribution Is Key

Jones Day on

The Background: In response to the Biden administration's "Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence" on October 30, 2023, the U.S. Patent and Trademark Office...more

Foley Hoag LLP

PTO Provides Guidance on Inventions Created with Help from Artificial Intelligence

Foley Hoag LLP on

On February 13, 2024, the USPTO (PTO) published its guidance for inventions made with the assistance of artificial intelligence (AI). The PTO published the guidance in response to the directive it received in the Executive...more

Foster Garvey PC

Patent Office Raises IP Questions for Tribes

Foster Garvey PC on

The U.S. Patent and Trademark Office (USPTO) seeks input on how the World Intellectual Property Organization should best protect genetic resources (GR), traditional knowledge (TK) and traditional cultural expressions (TCEs)...more

Kidon IP

Response to the USPTO, The ITA, and NIST call for Public Comments on Standards, Part 1 of 7

Kidon IP on

On November 6, 2023 I submitted a response to the public comments which can be found here. I have also included my comments in full on this blog in a series of posts including the below. The only change in my submission is...more

McDermott Will & Emery

Recent Developments Related to Generative AI and Copyright Law

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The increasing sophistication of generative artificial intelligence (AI) has had widespread effects on fields ranging from art and film to law and healthcare. The implications for copyright law principles, such as authorship,...more

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