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United States Patent and Trademark Office › Administrative Authority

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 -
Jones Day

Legislation: Restoring the America Invents Act

Jones Day on

On Wednesday, September 29, 2021, Senators Patrick Leahy (D) and John Cornyn (R) introduced the Restoring the America Invents Act, a bill that would modify Patent Trial and Appeal Board (PTAB) procedures and facilitate...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Silicon Valley Challenges the PTAB’s NHK-Fintiv Rule: Can IPRs Be Denied Based on Non-Statutory Factors?

Rothwell, Figg, Ernst & Manbeck, P.C. on

Last week, four major technology companies – Apple, Cisco, Google, and Intel – brought suit against the United States Patent and Trademark Office (“USPTO”), challenging its authority to reject petitions for inter...more

Polsinelli

The PTAB and the Arthrex Decision: A Constitutional Question

Polsinelli on

The Appointments Clause of the U.S. Constitution1 provides that “principal officers” of the United States must be appointed by the President upon the advice and consent of the Senate. “Inferior officers,” on the other hand,...more

Foley & Lardner LLP

USPTO Sued Over December 2015 Holidays

Foley & Lardner LLP on

Elm 3DS Innovations, LLC has sued the USPTO in the U.S. District Court for the Eastern District of Virginia to challenge its authority to declare that December 22-24, 2015 were “holidays” because the USPTO had experienced a...more

Fish & Richardson

ITC Proposes New Rule Authorizing Multiple Investigations from One Complaint

Fish & Richardson on

On September 25, the USITC published in the Federal Register a notice of proposed rulemaking (“NOPR”) with respect to section 337 investigations. Under one of the proposed rules, the Commission would have explicit authority...more

McDonnell Boehnen Hulbert & Berghoff LLP

In re Cuozzo Speed Technologies LLC Federal Circuit Argument -- The Patent Office Asks to Have Its Cake and Eat It Too

McDonnell Boehnen Hulbert & Berghoff LLP on

Last week, the Federal Circuit heard the first oral argument for the first appeal of an inter partes review ("IPR") final written decision for the first IPR ever filed (IPR2012-00001). ...more

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