USPTO News

• On October 23, 2023, the USPTO Office of the Chief Economist released a report detailing patenting activity related to COVID-19 diagnostic technology.

• On October 24, 2023, President Biden awarded the National Medal of Science (the nation’s highest scientific honor) and the National Medal of Technology and Innovation (the nation’s highest award for scientific achievement) to leading American scientists, technologists, and innovators.

• On October 30, 2023, President Biden issued an Executive Order on Safe, Secure, and Trustworthy Artificial Intelligence that, among other things, directed the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office to “clarify issues related to AI and inventorship of patentable subject matter.”

• The USPTO launched the Patents version of the USPTO Virtual Assistant, which had previously been added to the Trademarks webpage. The Virtual Assistant is a chat box that appears on some webpages and allows users to ask questions such as “What is the status of my application?”

• Under Secretary of Commerce for Intellectual Property and Director of the USPTO Kathi Vidal wrote a post on the Director’s Blog titled “Tips on taking control of your creative IP.” 

Notices, Guidance, and Requests

• WIPO IGC Negotiations on Genetic Resources and Associated Traditional Knowledge, 88 Fed. Reg. 73003 (October 24, 2023) (providing notice and requesting comment “to inform U.S. Government participation in the ongoing” World Intellectual Property Organization (WIPO) Intergovernmental Committee (IGC) “meetings and in anticipation of a diplomatic conference to conclude an International Legal Instrument Relating to Intellectual Property, Genetic Resources and Traditional Knowledge [(“TK”)] Associated with Genetic Resources, expected to be held in 2024” and “to inform the U.S. Government as it participates in the ongoing WIPO IGC meetings on TK/ TCEs [(traditional cultural expressions)]”)

• Formal Tribal Consultation on WIPO IGC Negotiations, 88 Fed. Reg. 73000 (October 24, 2023) (providing Notice of Tribal Consultation webinar meetings to be held in January and requesting “comments on issues involving genetic resources (GR), traditional knowledge (TK), and traditional cultural expressions (TCEs)” – see Notice for dates and meeting registration)

• Relief Available to Patent and Trademark Applicants, Patentees, Reexamination Parties, and Registered Trademark Owners Affected by the Wildfires in Hawaii, 1515 OG 199 (October 10, 2023) 

Final Rules

• There are no new final rules. 

Interim Rules

• There are no new interim rules. 

Proposed Rules

• Rules Governing Pre-Issuance Internal Circulation and Review of Decisions Within the Patent Trial and Appeal Board, 88 Fed. Reg. 69578 (October 6, 2023) (“regulations to govern the pre-issuance circulation and review of decisions within the Patent Trial and Appeal Board”). 

Proposed Legislation

• There is no new proposed legislation. 

PTAB Decisions

• New Precedential PTAB Decisions

  • There are no new informative PTAB decisions.

• New Informative PTAB Decisions

  • There are no new informative PTAB decisions.

• Director Review Decisions

  • There are no new director review decisions.