News & Analysis as of

United States Patent and Trademark Office › Unconstitutional Condition

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 -
Snell & Wilmer

USPTO’s Cert Petition Argues Constitutionality of Lanham Act’s Living Individual Restriction

Snell & Wilmer on

USPTO Director Kathi Vidal recently petitioned the Supreme Court to review a Federal Circuit decision in In re Elster. There, the Federal Circuit held the USPTO unconstitutionally applied Lanham Act Section 2(c) (15 U.S.C. §...more

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

MarkIt to Market® - February 2023: 2(c) or Not 2(c)?

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

Late last week, the USPTO issued Examination Guide 1-23 which establishes guidelines for USPTO Examining Attorney compliance with Section 2(c) of the Lanham Act. The Guide provides a framework for examining certain types of...more

Jones Day

IPR Petitioner Seeks Arthrex Remand Of PTAB Decision Denying Institution

Jones Day on

In view of Arthrex, can an unsuccessful petitioner get a do-over of a PTAB decision denying institution of an IPR? The USPTO says no, and the Federal Circuit has been asked to consider the question in United Fire Protection...more

McDonnell Boehnen Hulbert & Berghoff LLP

Federal Circuit Holds APJs Are Principal Officers

McDonnell Boehnen Hulbert & Berghoff LLP on

On October 31, 2019, in Arthrex, Inc. v. Smith & Nephew, Inc., a three-judge panel of the Federal Circuit held that the way the U.S. Patent and Trademark Office has appointed administrative patent judges at the Patent Trial...more

Foley Hoag LLP - Making Your Mark

Trademark Year In Review And What Lies Ahead: The Lanham Act’s New Year’s Resolutions For 2017

Foley Hoag LLP - Making Your Mark on

2016 is now in the rear view mirror. At the beginning of a new year, we often take a moment to reflect on the past year, while setting goals for the present. It’s a time to say, “Last year had its ups and downs, but this...more

Akerman LLP - Marks, Works & Secrets

In re Tam Redux: The PTO seeks Certiorari

Akerman LLP - Marks, Works & Secrets on

On April 20, 2016, the United States Patent and Trademark Office (“PTO”) filed a petition for a writ of certiorari to the Federal Circuit seeking Supreme Court review of that Court’s decision in In re Tam, 117 USPQ2d 1001...more

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