News & Analysis as of

United States Patent and Trademark Office Canada

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 -
Smart & Biggar

Don’t take the bait: avoiding trademark phishing scams

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The College of Patent Agents & Trademark Agents (CPATA) recently issued an alert regarding a surge in fraudulent emails targeting trademark owners. As is typical of these “phishing” scams, the emails often pressure recipients...more

Wilson Sonsini Goodrich & Rosati

All Eyes on AI: Regulatory, Litigation, and Transactional Developments – Q1 2024

The firm is pleased to distribute the Q1 2024 edition of All Eyes on AI: Regulatory, Litigation, and Transactional Developments, which closely follows the evolving regulatory landscape for artificial intelligence (AI) in the...more

Smart & Biggar

AI-assisted inventions: USPTO’s most recent guidance for determining inventorship

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AI technologies bring several new business opportunities, but they also bring a host of new legal questions, including in intellectual property law. A very important question at the intersection of AI and IP is: how do we...more

Goodwin

An Interview with Rachel Goode, Ph.D, about Biological Patent Thickets

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Kevin DeJong (Senior Editor) and Shweta Kumar (Editor) from the Big Molecule Watch recently interviewed Rachel Goode, Ph.D. to discuss an article she recently co-authored, “Biological patent thickets and delayed access to...more

Knobbe Martens

When and Where to File Patent Applications

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Excerpt: "In general, a patent is only valid in the country (or, in some cases, countries) where the patent office that issued it has responsibility. With so many patent offices around the world, how does one decide in which...more

International Lawyers Network

Generic.com — Registrable In Canada?

The U.S. Supreme Court recently confirmed that a “generic.com” term may be eligible for federal trademark registration in the U.S., in certain circumstances. We will review the relevant decisions, discuss the Canadian legal...more

Farella Braun + Martel LLP

Trademark Office Deadlines and Coronavirus-Related Delays (Updated)

With all of the business interruption caused by the COVID-19 pandemic, many worldwide trademark offices have taken steps to recognize the issues caused by the crisis. The offices in which applicants from the U.S. most...more

McDonnell Boehnen Hulbert & Berghoff LLP

Impact of COVID-19 Pandemic on Patent Offices and Federal Courts – April 2 UPDATE

On March 11, World Health Organization Director-General Tedros Adhanom declared that the COVID-19 outbreak "can be characterized as a pandemic," cautioning that the WHO has "rung the alarm bell loud and clear." At the time...more

Haug Partners LLP

Global Developments and Considerations for Registering Cannabis and Cannabis-Related Trademarks

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This article discusses the global developments for the registration of cannabis and cannabis-related trademarks in the United States, Canada, Mexico, and the European Union....more

Smart & Biggar

File wrapper estoppel in Canada

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The Canadian Patent Act was amended last year to include a new provision which allows prosecution histories into evidence in patent proceedings to rebut representations made by the patentee regarding claims construction. ...more

Downs Rachlin Martin PLLC

So You Think You Can Use Your Trademark Outside the US?

Trademarks are among the most valuable assets owned by companies that focus on individual consumers — from breweries to start-up app developers. Trademarks protect brands and can be found in the form of words (COCA COLA),...more

Eversheds Sutherland (US) LLP

US Trademark Office addresses false or inaccurate filings

According to the USPTO Commissioner of Trademarks, the United States Patent and Trademark Office (USPTO) has seen a significant increase in the number of applicants who are not fulfilling their legal and ethical obligations...more

International Lawyers Network

United States Licensed Attorney Required for Foreign-Domiciled U.S. Trademarks

Since August 3, 2019, all foreign-domiciled U.S. trademark applicants, registrants and parties to proceedings before the United States Patent and Trademark Office’s (USPTO) Trademark Trial and Appeal Board must be represented...more

Jaburg Wilk

New Rule Requires Foreign Companies and Persons to Be Represented by a U.S. Licensed Attorney in All Trademark Matters

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The United States Patent and Trademark Office USPTO recently announced a significant rule change. Effective August 3, 2019, all foreign-domiciled trademark applicants, registrants, and parties to Trademark Trial and Appeal...more

Carlton Fields

New U.S. Patent and Trademark Office Rule Concerning Legal Representation for Foreign Trademark Applicants, Registrants, and...

Carlton Fields on

On July 2, 2019, the U.S. Patent and Trademark Office (USPTO) published a rule that will have a major impact on foreign (non-U.S. domiciled) trademark applicants, registrants, and parties in inter partes proceedings in the...more

ArentFox Schiff

USPTO Announces New Rule Requiring US-Licensed Attorneys to Represent Foreign Applicants and Registrants

ArentFox Schiff on

In response to the significant increase in fraudulent filings, effective August 3, 2019, all foreign-domiciled applicants, registrants, or parties to trademark proceedings must be represented by a US-licensed attorney....more

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

Global Patent Prosecution - June 2019: Cannabis Patenting at an All-Time High Despite Illegal Status

Legal or not, the cannabis industry is booming. Indeed, analysts have projected that in North America alone it will grow from $9.2 billion in 2017 to $47.3 billion in 2027. Despite marijuana’s illegal status in most...more

Dorsey & Whitney LLP

Dorsey Chairs Panel on Cannabis Marketing and Branding Issues

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While a number of Dorsey lawyers have just returned from MJBizCon, Dorsey also recently led a panel on U.S. and Canadian cannabis branding and marketing issues at the Annual Marketing Law conference of the Association of...more

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

The Goods on IP - July 2018

The July 2018 issue of Sterne Kessler's The Goods on IP® discusses developments on copyright infringement lawsuit timing, prosecuting consumer product claims that include conjunctive limitations, and an update on membership...more

Foley & Lardner LLP

Canada Provides More Guidance On Patent Eligibility Of Diagnostic Method Claims

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While the patent eligibility of diagnostic method claims remains questionable in the United States, the Canadian Intellectual Property Office has issued updated guidance on the types of diagnostic method claims that can–and...more

Womble Bond Dickinson

4 Tips to Protect Textile Innovations

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Is innovation a key component of your business plan? Will you distinguish yourself with unique product offerings? Whether protecting our men and women in uniform, advancing the treatment of medical conditions, or adding to a...more

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

Global Initiatives to Accelerate Examination of Cleantech Patent Applications

In an effort to promote the development and commercialization of technologies that conserve natural resources or reduce negative environmental impact, patent offices around the world have adopted programs to expedite the...more

Mintz - Consumer Product Safety Viewpoints

Counterfeit Certification Marks: How to Certify that the “Certified” is Certified

We have all seen or heard about them without, perhaps, knowing what they were or for what they stand: the GOOD HOUSEKEEPING seal of approval, UL certified, ENERGY STAR rated, GROWN IN IDAHO potatoes, HARRIS TWEED, and many,...more

McDonnell Boehnen Hulbert & Berghoff LLP

Guest Post: The U.S. Government Continues to Have "Serious Concerns" with Canada's Heightened Patent Utility Requirements

While the United States and Canada share a border, common values and a strong commitment to international trade and security issues, many are surprised to learn that protection of intellectual property (IP) is a source of...more

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