Posts in USPTO

Lex Machina IP litigation report for Q3 2016 reflects a downward trend in patent, trademark suits

The report indicates that IP litigation in U.S. district courts is declining across the board. During 2016’s third quarter, U.S. district courts received a total …
By Steve Brachmann
4 days ago 0

TTAB Agrees with Parents Everywhere: Children do not hold the Control—Noble House v. Floorco

Subsidiaries of larger companies who are preparing to file a trademark application may want to think twice before deciding who to list as the Applicant. In April 2016, …
By Emily Scheible
7 days ago 0

2d Cir. denies most recent appeal on trademark infringement case targeting Oprah’s “O” magazine

The cover of the October 2010 edition of O prominently features the words “Own Your Power” superimposed over a picture of Oprah. The use of this phrase sparked …
By Steve Brachmann
10 days ago 0

Section 103 Rejections: How Common Are They and How Should You Respond?

There are several major statutory rejections that an applicant can receive during the course of patent prosecution at the USPTO, each one corresponding to the relevant section …

Arch-conservative political pundit obtains “Media Malpractice” trademark

William J. Kelly and his television production company RevDigital had secured the trademark rights to “media malpractice.” U.S. Trademark Registration No. 5027942 was issued as a standard …
By Steve Brachmann
18 days ago 0

USPTO Seeking Comments on Proposed Patent Fee Adjustments

The U.S. Department of Commerce’s United States Patent and Trademark Office (USPTO) today issued a notice of proposed rulemaking (NPRM) proposing to set or adjust …
By U.S.P.T.O.
19 days ago 1

Supreme Court to Consider “Disparaging” Trademarks

The U.S. Supreme Court agreed yesterday to review a Federal Circuit ruling that held unconstitutional a law prohibiting registration of trademarks that “may disparage” people or …

SCOTUS takes case on disparaging trademark case involving Asian-American band The Slants

The USPTO, through its Trademark Trial and Appeal Board (TTAB), denied a standard character mark for “The Slants” to be used with live music performance entertainment on …
By Steve Brachmann
19 days ago 6

USPTO Announces Patents for Humanity Winners

USPTO is giving four awards and two honorable mentions in the 2016 Patents for Humanity awards. Award recipients receive public recognition at an award ceremony arranged by the …
By U.S.P.T.O.
20 days ago 0

Court Lacks Jurisdiction to Review if Assignor Estoppel Precludes PTAB from Instituting IPR

The Federal Circuit dismissed Husky’s appeal, finding that it lacked jurisdiction to review the Board’s determination of whether assignor estoppel barred institution of an inter …

How NOT to Respond to an Office Action

On September 19, 2016, a pro-se inventor filed an Office Action Response that will go down in the annals of Patent Office history right up there with the Are …
By Gene Quinn
22 days ago 34

The Increasingly Important Roles of Bloggers in Post Grant Proceedings

Both petitioners’ and patent owners’ reliance on blog articles in the course of post grant proceedings has been approximately equal. However, the manner in which the blog …
By Timothy J. Maier
26 days ago 1

The Inspector General’s Report Alleging PTO Examiner Time and Attendance Abuse Has No Merit

On August 31, 2016, the Office of the Inspector General (OIG) of the U.S. Department of Commerce (DOC) released a report titled Investigative Report on Analysis of Patent …
By Ron Katznelson, Ph.D.
29 days ago 4

Hearing on Examiner Fraud a Big, Fat Nothing Burger

Prepared statements released in advance of the hearing talked tough, but that was pretty much it. Insofar as getting to the root of the problems identified in …
By Gene Quinn
1 month ago 23

Patent Reform: An Analyst’s Perspective of the AIA

Perhaps the most challenging to accept is the notion that a tribunal created with a specific purpose of invalidation can be impartial to both the petitioners and …
By Elena Murphy
1 month ago 2