JD Supra Law

OCTOBER 20, 2022

Starting on December 3, 2022 the window for filing responses to office actions will be shortened from 6 to 3 months. The United States Patent and Trademark Office (USPTO) will implement a similar shortened deadline for responses to post-registration office actions (e.g. office actions.

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JD Supra Law

OCTOBER 19, 2022

The United States Patent & Trademark Office (USPTO) announced a substantial change in timing rules beginning December 3, 2022.

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Trademark Patent 65

JD Supra Law

DECEMBER 13, 2022

The United States Patent and Trademark Office (USPTO) has updated the deadline to respond to Office Actions for trademark applications. By: Fish & Richardson

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LexBlog IP

NOVEMBER 15, 2022

Pursuant to the Trademark Modernization Act of 2020 (“TMA”), changes to certain procedural rules for ex parte trademark prosecution are now being implemented at the U.S. Patent and Trademark Office (“USPTO”). ” See here. ” See here.

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JD Supra Law

NOVEMBER 15, 2022

Pursuant to the Trademark Modernization Act of 2020 (“TMA”), changes to certain procedural rules for ex parte trademark prosecution are now being implemented at the U.S. Patent and Trademark Office (“USPTO”). Failure to respond typically results in abandonment of the. By: Seyfarth Shaw LLP

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JD Supra Law

NOVEMBER 14, 2022

The United States Patent and Trademark Office has shortened the deadline for responding to Office Actions regarding trademark applications. Beginning on December 3, 2022, trademark applicants will have three months, instead of the original six-months, to respond to Office Actions.

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JD Supra Law

DECEMBER 5, 2022

Beginning December 3, 2022, United States Patent and Trademark Office (“USPTO”) trademark applicants and registrants will have three (3) months to respond to office actions, rather than six (6) months, with the possibility of a three-month extension for a fee of $125.

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Patent Trademark Blog

JULY 12, 2023

Why Certain Trademark Arguments Are Irrelevant Certain trademark arguments are destined to fail. The secret to a successful trademark response lies in understanding the right approaches for certain situations. Need to overcome a trademark refusal? What are some loser trademark arguments? Be careful though.

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Patent Trademark Blog

APRIL 6, 2022

What are smarter ways to respond to trademark Office Actions? Though you hate to see them, Office Actions are fairly common in USPTO trademark applications. If and when it happens, a strategy for a smarter trademark response will serve you well.

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JD Supra Law

NOVEMBER 14, 2022

trademark practitioners will no longer have a six-month window to respond to Office Actions issued by the United States Patent and Trademark Office (“USPTO”) on certain pending trademark applications. By: Womble Bond Dickinson

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JD Supra Law

FEBRUARY 21, 2024

The US Patent and Trademark Office (USPTO) has denied OpenAI’s applications to trademark “ChatGPT” and “GPT.” The Final Office Action states, “Registration is refused because the applied-for mark merely describes a feature, function, or characteristic of applicant’s goods and services.”. By: AEON Law

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IP Watchdog

MAY 20, 2024

The United States Patent and Trademark Office (USPTO, the Office or the Agency) has recently issued multiple guidance and proposed rules that potentially change the landscape of patent practice.

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JD Supra Law

MAY 13, 2024

Patent and Trademark Office (USPTO) proposes to impose a new requirement on terminal disclaimers filed to overcome obviousness-type double patenting (OTDP) rejections. In a stunning Federal Register Notice published May 10, 2024, the U.S. By: Foley & Lardner LLP

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Patent Trademark Blog

NOVEMBER 23, 2021

Is a twice-rejected trademark application the end of the road? When you receive a second Office Action maintaining a refusal to register, does it make any sense to pursue another response. So you responded to the first rejection by filing a response to a non-final Office Action. What is a final refusal to register?

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JD Supra Law

MARCH 13, 2024

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”). While the Report is comprehensive, it does not recommend any new action to address IP issues with NFTs.

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Intellectual Property Law Blog

NOVEMBER 22, 2021

Patent Prosecution Highway or PPH is a set of initiatives promulgated by participating patent offices around the world to accelerate patent prosecution in countries of the participating patent offices. In contrast, an average time to prosecute non-PPH patent applications is approximately 22.7

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Erik K Pelton

NOVEMBER 12, 2023

Pelton & Associates (EMP&A) is a boutique firm focusing on trademark protection for businesses and brands, including trademark and copyright applications, trademark disputes, matters with the Trademark Trial and Appeal Board, trademark clearance searches, and other matters.

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Intellectual Property Law Blog

MARCH 13, 2024

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”). In other words, this is more of a contractual issue than statutory issue in the US.

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Reporting Non-Fungible Tokens IP Intellectual Property 130

Patent Trademark Blog

DECEMBER 13, 2022

What does patent prosecution mean? Patent prosecution refers to the writing, filing and handling of patent applications. It encompasses the patent examination process from initial filing to the grant, including all the back-and-forth responses with the USPTO. Who can be patent prosecutors? paying the issue fee.

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IP Watchdog

OCTOBER 16, 2023

told the Patent Trial and Appeal Board (PTAB) that threats made by ASSA ABLOY Global Solutions “to file IPR petitions and a declaratory judgment action unless granted a free license to three valuable patents,” among other allegations, “runs directly counter to the purpose and goals of the post-grant administrative challenge system.”

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JD Supra Law

DECEMBER 8, 2023

The US Patent and Trademark Office (USPTO) launched the Semiconductor Technology Pilot Program on December 1, 2023 for patent applications for processes or apparatuses for manufacturing semiconductor devices.

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IP Watchdog

JUNE 20, 2022

Patent and Trademark Office (USPTO) Director Kathi Vidal expressing concern about so-called “patent thickets” and requesting that she consider changes to the USPTO regulations and practices to address perceived problems with patent examination.

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Erik K Pelton

JANUARY 6, 2022

Summer is around the corner, which means we are seeking law student(s) for a paid IP/Trademark internship from May/June – July/August 2022. Intern(s) will be expected to work approximately 30-40 hours per week, primarily onsite in our Falls Church, VA office (following appropriate COVID safety protocols).

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JD Supra Law

OCTOBER 3, 2023

Patent and Trademark Office has extended the After Final Consideration Pilot Program 2.0 allows applicants to request a patent examiner be given additional time to consider responses after a final office action in certain circumstances. through September 30, 2024. This program (the AFCP 2.0)

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JD Supra Law

DECEMBER 12, 2023

On December 1, the United States Patent and Trademark Office (USPTO) announced that it is implementing the Semiconductor Technology Pilot Program, effective immediately, to incentivize intellectual property protection for certain semiconductor manufacturing innovations.

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Patent Application Intellectual Property Patent Technology 70

JD Supra Law

FEBRUARY 4, 2022

Trademark practice at the U.S. Patent and Trademark Office as we know it is about to change (well, at least in part). The USPTO recently published its final rule implementing certain provisions of the Trademark Modernization Act of 2020. Yes, you read that correctly. By: Fenwick & West LLP

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JD Supra Law

APRIL 29, 2024

Patent and Trademark Office to the National Labor Relations Board to the Bureau of Reclamation, the cannabis industry has not really received consistent treatment across the board. All that to say that a new threat has entered the chat–cannabis qui tam actions. From the U.S. By: Husch Blackwell LLP

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Patent Trademark Blog

AUGUST 24, 2023

What are warning signs that may warrant a change in your US patent agent or law firm? When it comes USPTO patent prosecution, many factors are out of the control of your US patent agent or attorney. So it makes sense to focus on what is within a patent attorney’s control. How quickly do they respond to your emails?

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Law IP Patent Application Patent 52

SpicyIP

SEPTEMBER 11, 2023

underscored that there is a need to supervise or govern patent and trademark agents. This post discusses the case and argues that there already exists a mechanism under the Patent and trademark laws that govern and supervise such agents.

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Intellectual Property Law Blog

JANUARY 24, 2022

Patent and Trademark Office (USPTO) announced a Deferred Subject Matter Eligibility Response Pilot Program (the “DSMER Program”). Currently, the USPTO applies a “compact prosecution approach” in examining patent applications. d) the first Office Action on the merits includes both SME and non-SME rejections.

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Patently-O

APRIL 28, 2023

b) imposes crucial responsibilities on patent applicants, attorneys, and agents. Similarly, in In re Wu , D2023-24 (PTO Order) , US patent agent Qianqian Wu was reprimanded for submitting 20+ applications with micro entity status, despite the income-level qualification allowing only four applications. by Dennis Crouch 37 C.F.R.

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IP Watchdog

AUGUST 10, 2021

A patent owner has filed a lawsuit in the United States District Court for the Western District of Tennessee against former U.S. In short, the system had been rigged all along, due to the unconstitutional actions of the Defendants named herein.”.

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Indiana Intellectual Property Law

FEBRUARY 19, 2024

D827,946 for a “Pet Grooming Glove,” a design that was allegedly already in circulation in the United States before the patent application. The complaint contended that the Defendant deliberately failed to disclose this information to the USPTO during the patent’s prosecution.

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Patent Prosecution Patent Designs Design 52

JD Supra Law

NOVEMBER 4, 2022

The United States Patent & Trademark Office (USPTO) has announced that starting on December 3, 2022, those filing trademark applications will have three months (instead of the original six) to respond to office actions during the trademark examination process. By: Ladas & Parry LLP

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IP Watchdog

JULY 27, 2023

1983 by patent examiners and officials at the U.S. Patent and Trademark Office (USPTO). dismissing monetary damages claims for alleged violations of 42 U.S.C.

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IP Watchdog

APRIL 7, 2023

This week in Other Barks & Bites, the United States Court of Appeals for the Federal Circuit (CAFC) rules against Apple in a trademark dispute; Arbutus and Genevant Sciences file a patent infringement lawsuit against Pfizer related to the COVID-19 vaccine; and Sweetgreen promptly changes the name of a menu item after Chipotle files a trademark (..)

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Patent Trademark Blog

MARCH 6, 2024

What is a smarter way to patent a medical device? Medical device patents can make a direct impact on sales as well as create licensing opportunities. Even pending patent applications may help startups raise capital. Let’s look at some smart ways to patent a medical device. Need to patent a medical device?

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