Posts Tagged: USPTO
Trademark Alert: Unauthorized Changes to Trademark Applications and Registrations
The United States Patent and Trademark Office sent an e-mail notifying stakeholders of an alarming ongoing scheme to hijack trademark files. Apparently, there has been a number …
Director Andrei Iancu lauds risk takers, calls patent troll narrative ‘Orwellian doublespeak’
Remarkably, in what I believe amounts to Orwellian “doublespeak," those who’ve been advancing the patent troll narrative argue that they do so because they are actually …
Supreme Court Asked to Consider Immoral or Scandalous Trademarks
On September 7, 2018, the government filed a petition for writ of certiorari in the case relating to Eric Brunetti’s clothing brand, called FUCT. Although Brunetti has marketed …
USPTO Publishes Final Rule Adopting Phillips Standard at PTAB
The United States Patent and Trademark Office (USPTO) has published a final rule in the Federal Register changing the claim construction standard applied during inter partes review (…
Patent Uncertainty: Real Ideas, Real People, Real Harm
Today, the patent system is a very fluid situation due to recent legislation and court decisions that have caused considerable uncertainty and legal maneuvering. As a first-time …
The Evolution of Antibody Patents
As the pharmaceutical industry continues to shift toward biologic-based drugs, including monoclonal antibodies, protecting the underlying technology has been and continues to be a priority for companies. …
Trademarks: What Entrepreneurs Need to Know about Securing and Protecting Trademarks
Trademarks protect distinctive marks, such as brand names, logos, and designs. This protection allows a trademark holder to exclude others from using the mark without permission of …
Service Starts § 315(b) Time-Bar Even If Complaint Involuntarily Dismissed Without Prejudice
In Bennett Regulator Guards, Inc. v. Atlanta Gas Light Co. the Federal Circuit ruled the time-bar for filing a petition for inter partes review in Section 315(b) …
CAFC: Hyatt APA Challenges Time-Barred and Based on Incorrect Statutory Interpretation
The Federal Circuit recently issued an opinion in a decades-longbattle over the microcomputer patent applications of Mr. Hyatt, the named inventor on more than 70 issued patents and …
Patent Office Extends After Final Consideration Pilot Program 2.0
Earlier today the United States Patent and Trademark Office (USPTO) announced that the After Final Consideration Pilot Program 2.0 (AFCP 2.0) would be extended until September 30, 2019. The goal of …
The Patent Bar Exam: Everything You Need to Know
The patent bar exam is a multiple-choice examination made up of 100 questions. You will be given 3 hours to complete the first 50 questions and another 3 hours to complete …
Capella Photonics Challenges Federal Circuit Practice of Judgments Without Opinions
Capella Photonics, Inc. has filed a petition for certiorari arguing that the Federal Circuit’s practice of issuing judgments without opinion pursuant to Federal Circuit Rule 36 in …
Intellectual Property Considerations and Guidance for Start-Ups: Patents
Intellectual property probably isn’t high on the to-do list for most new nonprofits and business start-ups. There’s plenty enough to do with setting up an …
Matal v. Tam: What’s New and What to Watch in Registration of Disparaging, Immoral, and Scandalous Trademarks
Many other related issues remain ripe for consideration in Brunetti and future cases. Most significantly, are trademarks considered “commercial speech?” If so, laws relating to trademarks might …
Patent Office Updates the Trial Practice Guide
The Patent Office has begun a planned series of updates to the Practice Guide, with the first such update having been released in August 2018. The August 2018 Practice …
