News & Analysis as of

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 -

How to Select Your Trademark in a Crowded Field

by Sands Anderson PC on

A February 9, 2018, Harvard Law Review article concluded that “The supply of word marks that are at least reasonably competitively effective as trademarks is finite and exhaustible” and “the trademark system is growing...more

Who's in Charge Here? Or Is the PTAB Bound by USPTO Guidances?

In a decision from an appeal before the Patent Trial and Appeal Board following rejection of claims to an isolated nucleic acid apparently (to applicants) falling within the scope of U.S. Patent and Trademark Office Guidance...more

Maximizing Patent Term Adjustment: Check the “Express Request” Box if Entering the National Stage Before the 30-Month Date

In Actelion Pharm., Ltd. v. Matal (Fed. Cir. Feb. 6, 2018), the Federal Circuit affirmed the District Court’s holding that the PTO properly determined the patent term adjustment (PTA) for U.S. Patent No. 8,658,675 (“the ‘675...more

What qualifies as acceptable Use in U.S. Commerce?

by Ladas & Parry LLP on

The mark must be used “in Commerce” and in good faith in the ordinary course of trade. While the USPTO will generally not conduct an inquiry, the applicant must claim use that qualifies as “Use in U.S. Commerce”. What...more

The Master Review Form Provides Insight into How the U.S. Patent & Trademark Office Treats Eligible Subject Matter Rejections...

by K&L Gates LLP on

On February 9, 2018, the United States Patent and Trademark Office (“USPTO”) held its first Chicago Regional Seminar, hosted by Northwestern University Pritzker School of Law. Stefanos Karmis, the Acting Director of the...more

When Does an RCE Stop the PTA Clock?

by Foley & Lardner LLP on

In Novartis v. Lee (Fed. Cir. 2014), the Federal Circuit agreed with the USPTO that “time spent in a continued examination” does not count towards the three years the USPTO is allotted to examine a patent before if it must...more

The MPEP Now Incorporates – and Expands Upon – § 101 Guidance

Since the Supreme Court decided Alice v. CLS Bank in June 2014, the USPTO regularly issues new memoranda explaining its implementation of the § 101 framework. This includes some of the more notable memos for prosecutors: the...more

Patent Term Adjustment: Lessons Learned from the Federal Circuit Decision in Actelion v. Matal

We can take two valuable lessons from a recent decision of the Federal Circuit: 1. Review all check boxes on forms when filing a U.S. patent application; and 2. The United States Patent and Trademark Office is not...more

The Plant Naming Conundrum … Protecting Your Plant Varieties in the Short and Long Term

Development of a new plant cultivar or varietal often requires substantial research and development. These costs can be recovered, however, if a breeder is able to successfully market, sell and/or license the resulting...more

Stone Brewing Fires The Shot Heard Round The Brewing World

by Weintraub Tobin on

The fight between craft brewers and Big Beer (i.e. MillerCoors & Budweiser) has been ongoing for years. Ever since craft beer came to prominence in the late ‘90s, it has been stealing Big Beer’s share of the marketplace. In...more

Chief Wahoo: A Look Back in History

by Fish & Richardson on

February 14 marks an unofficial end to winter because, as baseball fans know, this is the day when pitchers and catch­ers report for spring training. In honor of this happy occasion, and being both baseball fans and trademark...more

PTO’s Rehearing Petition in Bosch: Signaling Future Rulemaking After Aqua Products?

by Jones Day on

On February 5, 2018, the PTO filed a petition for rehearing of Bosch Auto. Serv. Sol’ns, LLC v. Matal, 878 F.3d 1027 (Fed. Cir., Dec. 22, 2017). The petition asks the panel “not . . . to alter its judgment, but only to...more

[Webinar] Strategies for IP Prosecution and Enforcement in Europe and the United States Webinar Series: Freedom to Operate and...

This latest series of webinars will explore emerging trends in the changing intellectual property (IP) legal environment in Europe and the United States. Our team will provide guidance for challenges faced by IP owners and...more

USPTO Publishes Updated Subject Matter Eligibility in a New Revision of the Manual of Patent Examining Procedure

by K&L Gates LLP on

On January 30, 2018, the United States Patent and Trademark Office (USPTO) quietly published a new revision (Revision 08.2017) to the Ninth Edition of the Manual of Patent Examining Procedure (MPEP). The revision includes...more

Actelion Pharmaceuticals, Ltd. v. Matal (Fed. Cir. 2018)

Last week, the Federal Circuit affirmed the grant of summary judgment by the District Court for the Eastern District of Virginia in favor of the U.S. Patent and Trademark Office with respect to the USPTO's determination of...more

Ex Parte Re-exams: Don’t You Forget About Me

The America Invents Act (AIA) ushered in new post grant procedures for challenging the validity of patents. One of those procedures, Inter Partes Review (IPR), has quickly grown in popularity. Originally published in The...more

Design Patent pto litigation statistics (through JANUARY 15, 2018)

The statistics below reveal the current trends on proceeding breakdowns, institution rates, and outcomes of design patent PTO litigation. No new design patent petitions have been filed since April 2017, and only one Board...more

Berkheimer v. HP Inc. (Fed. Cir. 2018)

This first five or so weeks of 2018 have been busy for Federal Circuit 35 U.S.C. § 101 jurisprudence. At last count, four substantive decisions have come down so far (including this one, but not including Rule 36 judgments...more

When a 20 year term just isn't enough: Patent term adjustment

by FPA Patent Attorneys on

In this last article in our series summarising options for extending the effective patent term and commercial life of pharmaceutical products, we briefly examine the “Patent term adjustment” regime in the US....more

Hands Off Jay-Z’s Hand Gesture Trademark

Words and pictures are so 2017. This year, it is all about the non-traditional trademarks (i.e., something other than brand names and images). In the past, we’ve covered a variety of these types of trademarks, from colors to...more

Navigating the Uncharted Waters of the Blockchain

Akin to the hype that surrounded the Internet during its early years in the 1990s, blockchain technologies and their associated cryptocurrencies have dominated the news cycle recently. Cryptocurrencies are a form of digital...more

Celebrity Trademark Updates: Sean Connery and Meryl Streep

With the Oscars coming up in less than a month, it seems like the issue of “celebrity” trademarks is a hot topic in the media. For example, many news outlets (such as here, here, here) are covering Meryl Streep’s application...more

Trademark Evolution: Part 2 (When Technology Changes)

by Field Law on

Technology certainly evolves. Can a trademark evolve? In the world of intellectual property rights, a registered trademark can live on for a hundred years or more. If you registered a trademark in the 1800s, it could still be...more

The PTAB Chats Designs: And Now, for Something Completely Different

by Jones Day on

On February 1, the PTAB held its first “Boardside Chat” of 2018, which featured three judges discussing appeals and AIA trial proceedings for design patents. Not only are such proceedings less common for design patents than...more

Will TTAB’s First Precedential Decision of 2018 Lead to Better Quality Examination of Statements of Use?

by Dorsey & Whitney LLP on

In January 2015, Pitney Bowes filed an intent-to-use trademark application for the logo shown here for use with mailing services, including postal delivery, parcel delivery, and delivery of mail to post offices for posting...more

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