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United States Patent and Trademark Office › False Statements

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 -
Foley & Lardner LLP

USPTO Releases Guidance on Rule 132 Declarations

Foley & Lardner LLP on

The U.S. Patent and Trademark Office (USPTO) has released new training materials on “Declaration practice under 37 CFR 1.132 (Rule 132).” The materials were developed under a collaboration initiative with the U.S. Food and...more

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

MarkIt to Market® - October 2021: Ignorance is NOT Bliss: Reckless Disregard for the Truth Supports a Finding of Fraud

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

In a recent precedential TTAB case, Chutter, Inc. v. Great Management Group, LLC and Chutter, Inc. v. Great Concepts, LLC, 21 USPQ2d 1001 (TTAB 2021), the Trademark Trial and Appeal Board found that reckless disregard for the...more

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

MarkIt to Market® - October 2021

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

The October 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses a precedential TTAB decision regarding fraud; the DEA's proposal to increase production quotas for several schedule I controlled substances,...more

Buckingham, Doolittle & Burroughs, LLC

Belcher Patent Unenforceable for Inequitable Conduct

Buckingham, Doolittle & Burroughs, LLC on

Inequitable conduct is an affirmative defense to patent infringement, but the bar for proving it is a high one. A defendant must prove by clear and convincing evidence that the patentee intentionally deceived the Patent...more

Sands Anderson PC

Survey of Discipline of Practitioners by the USPTO in 2018

Sands Anderson PC on

Practitioners before the United States Patent & Trademark Office (USPTO) must comply with the USPTO Rules of Professional Conduct, 37 C.F.R. §§ 11.10, et seq. Within the USPTO, the Office of Enrollment and Discipline is...more

McDermott Will & Emery

If Considered Material, False Statements Made to Federal Regulatory Bodies Create Exposure to Criminal Liability - United States...

McDermott Will & Emery on

The U.S. Court of Appeals for the Tenth Circuit reversed a conviction for making a false statement to the U.S. Patent and Trademark Office (USPTO), holding that a false statement is not material if it could not influence the...more

Akerman LLP - Marks, Works & Secrets

Overclaiming in Trademark Applications: “Full Line of …”

Akerman LLP - Marks, Works & Secrets on

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

Knobbe Martens

Trademark Review: Nationstar, L.A.M.B., and Cinderella (November 2014)

Knobbe Martens on

Post Bose: The TTAB Cancels a Registration on the Ground of Fraud - Nationstar opposed an application for NATIONSTAR filed by an individual named Mujahid Ahmad. Nationstar claimed Mr. Ahmad committed fraud on the U.S....more

Sheppard Mullin Richter & Hampton LLP

Federal Circuit Affirms Inequitable Conduct Determination Under Therasense “But For” Exception and Reaffirms Significance of Rohm...

Sheppard Mullin Richter & Hampton LLP on

Today, the Federal Circuit upheld the District Court’s inequitable conduct verdict based on the submission of false affidavits to the United States Patent & Trademark Office (“PTO”). Intellect Wireless, Inc. v. HTC Corp.,...more

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