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Podcast: SPB’s Paolo Beconcini Covers Global Counterfeiting and the Importance of Protecting Your Brand in China

Counterfeiting is a global problem that affects a wide variety of entrepreneurs and innovators – from small businesses to global corporations.  Action in China can be an important tool for combating these problems.  Head of the firm’s China Intellectual Property team, Paolo Beconcini covers the complex challenges of fighting global counterfeiting for INDICAM (Italian Association … Continue Reading

Human vs AI Analysis of USPTO Updates – How Does Bard Fare?

Generative Artificial Intelligence is a type of artificial intelligence (AI) that can generate a wide range of content types in response to user prompts. Examples of such content can include text, images, audio and video content, etc. There has been pervasive use of Generative AI over the past few months, to create essays, works of … Continue Reading

Rulemaking at the US Patent Office: Does Director Guidance On Discretionary Denials of Review Require Opportunity for Public Comment?

The Federal Circuit has refused to uphold the dismissal of a complaint alleging that the Director of the Patent and Trademark Office (PTO) improperly issued instructions to PTAB judges regarding whether to institute requested patent review proceedings. The complaint alleges that the so-called Fintiv factors – initially set forth in two opinions designated by the … Continue Reading

Putting the Appeals of Both Sides to Bed: PTAB Rulings on the Patentability of Systems and Methods for Adjusting Air Pressure in a Mattress Affirmed

The Federal Circuit recently handed down an informative decision in American National v. Sleep Number Corporation affirming the Patent Trial and Appeal Board’s final decisions in two inter partes reviews finding some claims patentable and some claims not patentable. The claims at issue related to the systems and methods for adjusting pressure in an air … Continue Reading

AFCP 2.0 Extended: Your Mileage May Vary

On October 12, 2021, the USPTO extended its program for after-final patent prosecution practice, AFCP 2.0, to September 30, 2022. The USPTO initiated the “pilot” program in 2013, to speed up prosecution and to increase contact between Examiners and applicants. Although the USPTO has not issued statistics about the results of the program, applicants still … Continue Reading

Patents for Humanity: The USPTO Recognizes Innovation Relating to COVID-19

The United States Patent and Trademark Office (USPTO) has announced the final deadline for submission of applications for its Patents for Humanity COVID-19 award: The submission deadline is 5 p.m. ET, September 30, 2021. Patents for Humanity is the United States Patent and Trademark Office’s (USPTO) awards competition recognizing innovators who use game-changing technology to … Continue Reading

The Supreme Court Provides a Different Fix to Make APJs Inferior Officers

On June 21, 2021, in United States v. Arthrex, the United States Supreme Court ruled that Patent Trial & Appeal Board (“PTAB”) Administrative Patent Judges (“APJs”) are unconstitutionally appointed because they effectively wield the power of principal officers while being appointed as inferior officers. 594 U.S. ____ (2021).… Continue Reading

Taking Another Page from the ABA: The USPTO Enacts New Rules of Professional Responsibility for Patent Attorneys and Agents

To mitigate potential conflicts of interest and to improve the public’s understanding of the United States Patent and Trademark Office (USPTO) procedures, the agency has recently made various amendments to its rules relating to the conduct of registered patent attorneys and agents. The resulting changes mirror some well-recognized provisions of the American Bar Association’s (ABA) … Continue Reading

BEST MODE: Compliance with the Duty of Disclosure Requires Vigilance and Self-Awareness

In a recent post, we discussed the importance of complying with the US Patent and Trademark Office’s duty of disclosure under Rule 56 of the Rules of Practice. This post focuses on the existence of this duty throughout the entire prosecution of a patent application, in a specialized factual context involving a priority application outside … Continue Reading

USPTO Establishes COVID-19 Prioritized Appeal Pilot Program

As a companion to the COVID-19 Prioritized Examination Pilot Program and patent-related relief provided by the 2020 CARES Act, the United States Patent and Trademark Office (“USPTO”) recently announced a similar Fast-Track Appeals Pilot Program for patent applications claiming a process or product requiring FDA approval for COVID–19 use. In general, under 35 U.S.C. § … Continue Reading

Razor Scooter Trips Over Reissue Statute at the ITC

The U.S. International Trade Commission (“ITC”) recently terminated CERTAIN MOTORIZED SELF-BALANCING VEHICLES, Investigation No. 337-TA-1000, brought by Razor USA LLC against alleged infringers of a patent related to electric hoverboards, denying Razor any relief. In doing so, the ITC confirmed that an original patent is surrendered when a Reissue Patent issues, even if a pending … Continue Reading

What a Great IDEA! Collecting Data on the Diversity of Patent Inventors

A bipartisan group of Senators, including the Chair and ranking minority member of the Subcommittee on Intellectual Property, has proposed legislation that would allow the US Patent & Trademark Office to collect demographic data on patent applicants. The bill, known as the Inventor Diversity for Economic Advancement Act of 2021 or, more simply, the “IDEA … Continue Reading

US Trademark Modernization Act Provides New Relief to Trademark Owners

False claims of use and fake specimens of use have bedeviled the US Patent and Trademark Office (USPTO) and legitimate trademark owners for many years. The Trademark Modernization Act of 2020 (“TMA”) — part of the COVID-19 relief legislative package signed by President Trump on December 27, 2020 — provides significant relief for trademark owners’ … Continue Reading

Happy Holidays from the USPTO — Or Maybe Not

As it has done in the past, the United States Patent and Trademark Office (“USPTO”) has declared Thursday, December 24, in addition to Friday, December 25, to be a “federal holiday.” The action comes as a result of President Trump’s December 11, 2020 Executive Order extending the traditional Christmas Federal holiday. As a result of this … Continue Reading

USPTO and DOJ Promoting Innovation and Collaboration in Life Sciences

Beginning September 23, a free two-day workshop will address issues relating to innovation by life sciences companies, including IP and antitrust issues arising from collaborations and partnerships. The US Patent and Trademark Office (USPTO) is co-sponsoring the event with the Department of Justice. The program will address the role of patents in the research and … Continue Reading

USPTO to Defer Fees on COVID-19-related Provisional Patent Applications

On September 16, 2020, the United States Patent and Trademark Office (USPTO) announced a new pilot program for COVID-19 related inventions. The new program allows for the deferral of filing fees for provisional patent applications directed to a product or process related to COVID-19, where the product or process requires Food and Drug Administration (FDA) … Continue Reading

CBD: Sometimes It Can Be Legal but Still “Unlawful”

In the Agricultural Act of 2014 (“2014 Farm Bill”), Congress exempted “industrial hemp” from the Controlled Substances Act (“CSA”) in certain narrow circumstances. Among other things it authorized institutions of higher education and state agriculture departments to grow hemp under a pilot program if consistent with state law, and defined hemp to include up to … Continue Reading

USPTO Announces Fast-Track Appeals Pilot Program

The United States Patent and Trademark Office (USPTO) has launched a new pilot program to fast-track ex parte appeals to the Patent and Trial Appeal Board (PTAB). While ex parte appeals to the PTAB are normally decided in the order in which they are docketed, this new Fast-Track Appeals Pilot Program will allow appellants to … Continue Reading

USPTO Prioritizes Petitions for COVID-19 Trademarks and Service Marks

On June 15, 2020, the United States Patent and Trademark Office (USPTO) announced a prioritized examination procedure for COVID-19-related trademark and service mark applications. Usually, the USPTO examines applications in the order in which they are received, with limited circumstances under which an applicant may file for a petition for the advance of an application. … Continue Reading

USPTO Again Extends Certain Patent and Trademark Deadlines in Response to COVID-19

The United States Patent and Trademark Office (“USPTO”) has announced further COVID-19 relief by extending time periods to file patent and trademark related documents and providing waivers for the payment of certain fees. The USPTO has twice previously provided extensions of deadlines and fee waivers, as outlined here, here and here. Recognizing the continued hardships … Continue Reading
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