Other Barks and Bites, January 5, 2024: USPTO Leadership Changes, Electronic Correction Certificates, Design Patent Bar Open for Applicants

In other barks and bites for the first week of 2024, there were several updates from the U.S. Patent and Trademark Office, including recent leadership moves, a U.S. Court of Appeals for the Federal Circuit decision invalidating alternative sweetener patent claims and a precedential designation from the Trademark Trial and Appeal Board.

Bites

Leadership Changes Take Effect at USPTO

The United States Patent and Trademark Office (USPTO) announced on Thursday, January 4, that Sharon Israel has been appointed Chief Policy Officer and Director for International Affairs and Jack Fleming has officially become Chief Communications Officer.

Israel previously served as a partner with Shook, Hardy & Bacon and before that with Mayer Brown. She was president of the American Intellectual Property Law Association (AIPLA) for 2015-2016. Mary Critharis, who has been serving as Acting Chief Policy Officer and Director for International Affairs will transition to Deputy Director of International Affairs.

Fleming has served as Deputy Chief Communications Officer since January 2023 and as Acting Chief Communications Officer since May 2023.

Federal Circuit Affirms District Court Invalidation of Alternative Sweetener Patent Claims

On Tuesday, January 2, the U.S. Court of Appeals for the Federal Circuit affirmed a district court decision granting SweeGen’s motion for summary judgment of patent invalidity, holding all claims of  Pure Circle USA’s patents invalid for inadequate written description and certain claims invalid as patent ineligible under 35 U.S.C. § 101.

USPTO to Soon Issue Electronic Certificates of Correction

The U.S. Patent and Trademark Office (USPTO) announced on Thursday, January 4, that as of January 30, 2024, the Office will start issuing certificates of correction for patents electronically. According to the press release, this means certificates of correction will be “viewable and printable by both patent owners and the public immediately upon issuance via Patent Center, similar to eGrants.” Currently, certificates of correction are issued by paper and mailed. Questions can be sent to [email protected].

Design Bar Opens

Following its publication of a final rule in November implementing a separate design patent practitioner bar, the USPTO announced on Friday. January 5, that it is now accepting applications for design patent practitioners. “The creation of a design patent bar is one of our many initiatives to open the USPTO’s doors more broadly and bring more people into the innovation ecosystem,” said USPTO Director, Kathi Vidal in the press release.

Applicants must have a bachelor’s, master’s, or doctorate of philosophy degree in one of the following areas (or its equivalent) from an accredited college or university:

• Industrial design
• Product design
• Architecture
• Applied arts
• Graphic design
• Fine/studio arts
• Art teacher education

They also must pass a registration examination on patent legal process and procedure, as well as undergo a moral character evaluation.

Barks

TTAB Makes ‘Captain Cannabis’ Decision on Prior Use Precedential

The Trademark Trial and Appeal Board (TTAB) on Thursday, January 4, designated as precedential a 2022 decision that held a pro se petitioner proved prior use of the mark CAPTAIN CANNABIS. The U.S. Court of Appeals for the Federal Circuit affirmed the TTAB decision in October 2023, dismissing Cosmic Crusaders, LLC’s argument that the TTAB procedurally erred by considering the petitioner’s “allegedly unpled theory of priority” or, alternatively, that substantial evidence did not support the Board’s finding of priority.

Commerce Department Says It Has Reached $200 Billion Milestone in Foreign Direct Investment

The U.S. Department of Commerce announced on Thursday, January 4, that it has facilitated more than $200 billion in foreign direct investment (FDI), supporting more than 200,000 jobs throughout the United States and its territories since the SelectUSA program was established in 2011. According to the press release, in fiscal year 2023, “the SelectUSA program facilitated more than $55 billion in client-verified FDI, supporting more than 35,000 American jobs” which “represents more than a quarter of the total announced FDI facilitated by SelectUSA since its inception in 2011.”

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