Law School Toolbox Podcast Episode 399: Bringing Your A-Game to OCI (w/Sadie Jones)
PODCAST: Williams Mullen GovCon Perspectives - Recent Updates to the SWaM Certification Process in Virginia
Mind the Gap: Establishing Need/Gap in Coverage
IP|Trend: Inter Partes Review: What to Consider When Filing Your Petition
Law School Applications Crater
LXBN This Week Ep. 2: EEOC on Criminal Records & Transgender Discrimination, BP Oil Spill Arrest, AZ Immigration Law at SCOTUS
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
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
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
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
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
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
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
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
In a nonprecedential opinion issued earlier today, the Federal Circuit invalidated claims under 35 U.S.C. § 101 that had survived the District Court in LendingTree, LLC, v. Zillow,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
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
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
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
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
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
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
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
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
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
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
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
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