News & Analysis as of

Applications United States Patent and Trademark Office

Akin Gump Strauss Hauer & Feld LLP

PTAB: Dynamic Drinkware Written Description Requirement Inapplicable to Post-AIA Patents

The Federal Circuit held in Dynamic Drinkware, LLC v. Nat’l Graphics, Inc., 800 F.3d 1375, 1378 (Fed. Cir. 2015) that for a pre-AIA 35 U.S.C. § 102(e) prior-art reference to be entitled to a provisional application’s priority...more

Faegre Drinker Biddle & Reath LLP

Protecting Your Certification Marks with Certainty

A certification mark is an important business tool. Displaying a certification mark on a product or on marketing materials indicates that a company’s offerings meet certain standards. Consumers often look for items that...more

Foley & Lardner LLP

USPTO Delays Fee For Non-DOCX Applications

Foley & Lardner LLP on

The USPTO has announced a further delay of the fee for patent applications that are not filed in DOCX format. Originally set to take effect January 1, 2022, and then delayed to January 1, 2023, the USPTO now has delayed the...more

McDermott Will & Emery

Sometimes Inactions Speak Louder Than Words

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The US Court of Appeals for the Federal Circuit affirmed a decision granting summary judgment in favor of the US Patent & Trademark Office (PTO) regarding the propriety of imposing a restriction requirement on a pre-General...more

Gibney Anthony & Flaherty, LLP

Submitting a Trademark Application? Five Trademark Specimen Pitfalls and Best Practices

Whether you are filing a new trademark application or looking to maintain a registration, understanding trademark specimen best practices is key. A common pitfall when filing your application is failing to provide an...more

Foley & Lardner LLP

USPTO Expands CARES Act Relief to Non-Provisional Application Filings Deadlines

Foley & Lardner LLP on

The United States Patent and Trademark Office (USPTO) has expanded the type of relief available under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). Now, priority claims can be made in certain...more

McDonnell Boehnen Hulbert & Berghoff LLP

USPTO News Briefs - March 2017

USPTO Enhances Transaction Security for Deposit Account Authorizations - The U.S. Patent and Trademark Office announced today, March 13, 2017, via a USPTO Alert e-mail that effective Wednesday, March 15, 2017, any charge...more

McDonnell Boehnen Hulbert & Berghoff LLP

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

McDonnell Boehnen Hulbert & Berghoff LLP

LendingTree, LLC v. Zillow, Inc. (Fed. Cir. 2016) - Claims of Another "Loan Application" Patent Invalidated under Section 101

In a nonprecedential opinion issued earlier today, the Federal Circuit invalidated claims under 35 U.S.C. § 101 that had survived the District Court in LendingTree, LLC, v. Zillow, Inc., Nextag, Inc., & Adchemy, Inc. This...more

Sheppard Mullin Richter & Hampton LLP

Summary of Recent Precedential Trademark Trial and Appeal Board Decisions

In the past two months, the Trademark Trial and Appeal Board has issued three opinions citable as Board precedent. The following is a brief summary of each opinion and its precedential impact....more

Akerman LLP - Marks, Works & Secrets

Overclaiming in Trademark Applications: “Full Line of …”

In Ferring B.V. v. Fera Pharmaceuticals, LLC, the Eastern District of New York was called upon to determine the importance of the United States Patent and Trademark Office’s Trademark Manual of Examining Procedure (“TMEP”)...more

Winstead PC

Beware of IP Scams-Invention Development

Winstead PC on

Information about patent and trademark applications, processes and maintenance requirements is much more accessible to the public than it used to be. In particular, the United States Patent and Trademark Office (USPTO) has...more

Mintz - Intellectual Property Viewpoints

Electronically Signing USPTO Papers: There’s a Rule for That

Ten years ago, on September 21, 2004, the USPTO implemented the portion of the 21st Century Strategic Plan permitting the use of electronic or mechanical signatures, called “S-signatures,” on papers filed at the USPTO. Now a...more

Ladas & Parry LLP

A Black Hole in the Distinctiveness Continuum for U.S. Trademark Applications

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Marks that border the line that divides descriptive from generic often topple into a virtual “black hole” on the distinctiveness continuum. The owner of such a mark may be required to meet an indefinite threshold of proof to...more

Ladas & Parry LLP

Significance of Disclaimers in U.S. Trademark Law

Ladas & Parry LLP on

In United States trademark applications, it is not uncommon for an Examining Attorney to issue a disclaimer requirement for descriptive portions of a mark. Disclaimers have particular significance in three steps of the...more

Ladas & Parry LLP

Summary Of The U.S. Trademark Application Process

Ladas & Parry LLP on

Obtaining a trademark registration in the United States is a process consisting of several phases and takes several months to several years, depending on various factors and issues raised. We highlight below the various...more

Baker Donelson

Challenging the Denial of a Trademark Application in District Court Just Got More Expensive

Baker Donelson on

In Shammas v. Focarino, the Eastern District of Virginia holds that an applicant must pay the government attorney's fees regardless of the applicant's success in a Section 1071(b) civil matter. ...more

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

Trademark Highlights from the IPO’s 2013 IP Record

While economists often look to patent activity as an indicator of economic health, trademark application and registration statistics can also reflect innovation, business development, and overall industry activity. The...more

McDonnell Boehnen Hulbert & Berghoff LLP

USPTO Seeks Public Input on Application Drafting Practices

The U.S. Patent and Trademark Office published a notice in the Federal Register (78 Fed. Reg. 2960) earlier today requesting public comment regarding potential practices that applicants can employ in the drafting of patent...more

Wilson Sonsini Goodrich & Rosati

Recent Court Decision Opens Door for Longer Patent Terms

A recent district court decision in the matter of Exelixis, Inc. v. Kappos opens the door for patent owners to extend the lives of their patents. The decision will be especially important for select pharmaceutical, biotech,...more

Foley & Lardner LLP

Controlling the Playing Field: Nanotechnology Patent Application Makes It to Federal Circuit But Found Obvious

Foley & Lardner LLP on

Interesting to see a nanotechnology-related application made the Federal Circuit decisions this week (In re Mouttet, 2011-1451, June 26, 2012). Unfortunately for the applicant, the Court affirmed the US PTO’s determination...more

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